A Close Look at Judge Kavanaugh’s Legal Record on Democracy Issues

September 4, 2018
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Donald Trump and The Kavanaugh Family

Supreme Court Nominee Brett Kavanaugh’s record indicates he will expand big money in politics, weaken voter protections and put the president above the law. CLC issued a fact sheet detailing the judge's record on democracy issues

He’s made clear that he believes money is the same as speech, and unlimited spending in elections is absolutely protected by the First Amendment.  His decisions paved the way for the emergence of super PACs, jumping the gun on Citizens United v. FEC and SpeechNow.org v. FEC, which later directly addressed checks on independent spending. 

Judge Kavanaugh’s record on voting rights is also worrisome. He authored an opinion approving South Carolina’s discriminatory voter ID law. 

And Judge Kavanaugh said in a Minnesota Law Review article that Congress should exempt a sitting president from criminal prosecution and investigation, which could have implications for the Mueller investigation. 

CLC recognizes our democracy is at stake with this nominee and calls on the U.S. Senate to press Judge Kavanaugh on these issues.

 

Kavanaugh Has an Unsettling Record on Democracy