Supreme Court docket Nominations
Amongst 48 clerks employed by U.S. Supreme Court docket nominee Brett Kavanaugh whereas a circuit choose, 13 have been minorities. This yr, two of his clerks are African-American graduates of Yale Regulation Faculty he recruited throughout annual visits during which he inspired minorities to use.
Some level to a 1999 Wall Road Journal op-ed as proof of his views. Kavanaugh, then a Kirkland & Ellis lawyer, was engaged on a case that claimed it was unconstitutional to bar individuals who weren’t native Hawaiians—outlined as these of Polynesian origin—from voting for trustees of the Workplace of Hawaiian Affairs. Kavanaugh’s op-ed referred to as Hawaii’s restrictions a “racial-spoils system.”
The op-ed quoted Justice Antonin Scalia’s concurrence in a case involving racial preferences within the hiring of presidency contractors. Scalia had argued the federal government can by no means have a compelling curiosity in racial preferences supposed to make up for previous discrimination.
“Beneath our Structure there could be no such factor as both a creditor or a debtor race,” Scalia had written. “Within the eyes of presidency, we’re only one race right here. It’s American.”
The excessive court docket later struck down the Hawaii voting restriction in an opinion by Justice Anthony M. Kennedy. However Kennedy—whom Kavanaugh would substitute—additionally supplied the tiebreaking vote two years in the past in a decision upholding a race-conscious admissions program on the College of Texas.
Vanita Gupta, president of the Management Convention on Civil and Human Rights, instructed the Submit that Kavanaugh’s op-ed “actually indicators that he’ll carry an anti-civil-rights agenda to the Supreme Court docket.” Based on Gupta, Kavanaugh “fails to acknowledge the present actuality of being an individual of shade on this nation and the historical past of discrimination.”
Supporters of affirmative motion are also involved about a 2012 opinion delaying for one yr a voter ID regulation in South Carolina. Kavanaugh acknowledged that “racial insensitivity, racial bias, and certainly outright racism are nonetheless issues all through the US.”
However he nonetheless upheld the regulation over the objections of the Obama administration, which claimed a violation of Part 5 of the Voting Rights Act. The regulation put the burden on South Carolina to point out the regulation wouldn’t abridge the correct to vote.
Kavanaugh didn’t be a part of a concurrence that stated Part 5 had performed a “very important perform” that spurred legislators to make the regulation much less restrictive.
ABA Journal: “ABA committee to guage Trump’s Supreme Court docket choose.”
ABA Journal: “Kavanaugh praised Rehnquist’s stand in opposition to unenumerated rights in Roe v. Wade dissent.”
ABA Journal: “Meet Brett Kavanaugh, Trump’s nominee for the Supreme Court docket.”