Demos Is Profoundly Disappointed that Kavanaugh Has Been Confirmed to the Supreme Court

Release Date: 
October 6, 2018

New York, NY – Demos, a public policy organization committed to reducing both political and economic inequality, is deeply concerned that the confirmation of Judge Brett M. Kavanaugh to the U. S. Supreme Court—after credible sexual assault allegations and an FBI investigation that was unnecessarily limited in scope and duration—threatens to undermine the legitimacy of the Court and risks further eroding our democracy. 

“By ramming through Judge Kavanaugh’s confirmation, the White House and the Senate have shown their real concern is not for the integrity of the Court or the Constitution, but rather a frantic scramble for political power that subverts the integrity of the highest court and is a discredit to democracy,” said K. Sabeel Rahman, President of Demos.

Kavanaugh’s record of ruling against racial and economic equity is extremely disturbing. Moreover, his diatribe before the Senate Judiciary Committee demonstrates his character is lacking in attributes that would make him suitable for the bench.

“Judge Kavanaugh’s record and temperament raise serious concerns regarding his ability to justly rule on future cases,” Rahman said. “His conduct on the Court must be carefully scrutinized to protect the continuing authority of this vital institution of American government.”

As a third co-equal branch of government, the Supreme Court needs to be vigilant in protecting its independence, and the judiciary must be a fair arena for all regardless of party, gender, race or ideology. Congress too must be a body that respects and defends women, people of color and other historically marginalized voices and groups. 

“That Kavanaugh and his supporters did not back down despite these concerns underscores how committed they are to a particular and troubling vision of the Constitution and the courts—one that is overly favorable to executive power, deeply skeptical of claims for racial, gender and economic justice, and that puts a thumb on the scale favoring big business over democracy,” Rahman said. “That their vision is going to control the courts for decades to come after an illegitimate confirmation process makes this even worse.”

Demos has a different vision of what the courts and the Constitution must mean in a truly inclusive democracy, and we will continue fighting for this alternative.

We are deeply grateful to and impressed by Dr. Christine Blasey Ford, who courageously gave an account of her sexual assault, and we stand with her and all survivors. The public engagement surrounding the confirmation process has been encouraging, and with much at stake, it is imperative that people turn out and vote in November so that others like Kavanaugh and the Senate majority—who helped create the polarizing and toxic environment—cannot ascend to positions of power in the future. 

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