President Trump promised to appoint justices committed to faithfully interpreting the Constitution of the United States as the Founders intended. His nominee, Judge Brett Kavanaugh’s record reflects that commitment. We commend President Trump for this excellent pick.
We are hopeful that Judge Kavanaugh will uphold the First Amendment and the original public meaning of the Constitution. His extensive judicial record demonstrates that he understands that power under our Constitution ultimately rests with the American people, and that it is the structure of our Constitution that protects our liberties.
At a 2006 administrative law conference, Judge Kavanaugh described how he rejects judicial activism: “The judge’s job is to interpret the law, not to make the law or make policy.” A defender of religious liberty, just last year he dissented from his court’s ruling that the Washington, D.C. transit authority could ban religiously themed advertisements, including a Christmas ad; he called the policy “pure discrimination” and “odious.” Judge Kavanaugh has also defended the traditional role of religion and prayer in the public square, vigorously arguing in Newdow v. Roberts (2010) for the Constitutionality of prayers at government ceremonies and the phrase “so help me God” in the Presidential Oath of Office
Like President Trump’s recent appointee Justice Neil Gorsuch, Judge Kavanaugh is a person of impeccable character, extraordinary qualifications, independence, and fairness. He received bipartisan support in the Senate in his last confirmation and deserves no less now. Judge Kavanaugh will be another great justice.
We appreciate President Trump’s continued transparency and principled process for choosing the next Supreme Court nominee, and are pleased with his nomination of Judge Kavanaugh.