Nomination of Brett Kavanaugh

Floor Speech

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Mrs. FISCHER. Madam President, I rise today in support of the nomination of Judge Brett Kavanaugh to be an Associate Justice on the U.S. Supreme Court.

In the Senate, the Constitution grants us a solemn responsibility to provide advice and consent to the President's nominees. I was proud to be at the White House as President Trump announced the nomination of this exceptionally qualified judge.

After evaluating Judge Kavanaugh's legal record and background, I personally met with him in my office. During our meeting we covered many topics, including judicial activism. Judge Kavanaugh stated to me that judicial activism is the substitution of policy preferences for stated law. He committed to me that he would never add nor subtract from our country's Constitution, but that he would apply it fairly to all. We had a wide ranging, hour-long discussion where I shared with him the qualities I want to see in a Supreme Court Justice and questioned his record and judicial philosophies.

Judges are not legislators or activists. They are interpreters of the law. They must have integrity and understand that all Americans must be treated equally under the law. Judges must uphold high standards with a fair-minded approach, tremendous intellectual capacity, and devotion to the public good. I am confident that Judge Kavanaugh possesses all of these qualities.

Moreover, I was impressed by his commitment to the rule of law. He understands the proper role of a judge as an interpreter, not the writer, of the law. He also understands that unlike Members of Congress or the executive branch, which are accountable to the people, the judiciary must act independently and follow the law wherever it takes them. This was something we heard repeatedly from him in his lengthy confirmation hearing before the Senate Judiciary Committee.

Judge Kavanaugh demonstrated his strong commitment to judicial independence. During the hearing, he repeatedly affirmed:

What makes a good judge is independence, not being swayed by political or public pressure.

That takes some backbone, it takes some judicial fortitude. The great moments in American judicial history, the judges had backbone and independence.

He continued:

Judges make decisions based on law, not on policy, not based on political pressure, not based on the identity of the parties.

No matter who you are, no matter where you come from, no matter how rich you are, how poor you are, no matter your race, your gender, no matter your station in life, no matter your position in government, it is all equal justice under law.

I believe his words and judicial philosophy are what every Member of the Senate, Republican or Democrat, should require from their nominee.

I also admired Judge Kavanaugh's appreciation of the Supreme Court's position in setting and interpreting precedent. He has even written a book on it, and I am comfortable with his understanding and appreciation for the role of precedent in the judicial process.

For 12 years Judge Kavanaugh has served on the DC Circuit Court of Appeals, our Nation's second most influential court. His record is remarkable. With nearly 200 controlling opinions, he has proven to be one of the most thoughtful, preeminent judges in our Nation. In 13 cases the Supreme Court adopted Judge Kavanaugh's reasoning in its decisions. This is a key point, as it was not just 13 decisions in agreement. It was Judge Kavanaugh's actual language and the thought process in his decision which were used in the opinions of our Nation's highest Court. The logic behind Judge Kavanaugh's opinions are already woven into Supreme Court precedent.

Regarding privacy issues, in United States v. Jones, Judge Kavanaugh dissented when the court denied the government's request for a rehearing. He argued that the case deserved to be heard by the full court and indicated support for the narrow property-based Fourth Amendment argument made by the plaintiff.

When considering whether a warrant was required in order to install a GPS tracker in the suspect's car, he said the suspect's property rights should have been taken into account. In Justice Scalia's majority opinion, he agreed with Kavanaugh's property-based approach.

When it comes to administrative law, he has taken a consistent and balanced approach to assess congressional intent and applying exceptions to Chevron deference, ensuring Federal agencies are executing the laws crafted by Congress, not creating their own versions of the law. According to his own words, Judge Kavanaugh looks to the ``settled, bedrock principles of constitutional law.''

In protecting Congress, he has found that ``the President and federal agencies may not ignore statutory mandates or prohibitions merely because of policy disagreement with Congress.''

Judge Kavanaugh also has a strong comprehension of freedom of speech under the First Amendment. He demonstrated this in his decision in the case of Boardley v. U.S. Department of the Interior. This particular case dealt with a Christian man, Michael Boardley, who was stopped by the National Park Service from handing out pamphlets on his faith at Mount Rushmore. Judge Kavanaugh joined the majority in ruling against the Park Service and their exceedingly broad regulation of free speech. In authoring hundreds of opinions, while joining hundreds of others, Judge Kavanaugh has distinguished himself as a thought leader on the Federal bench.

Over the past few weeks, I believe the Senate confirmation process has become a shameful spectacle and a disservice to everyone involved. I appreciate Professor Ford's sincere testimony. I believe she has experienced a traumatic event that no woman should have to endure. There is no evidence, though, that Judge Kavanaugh was the perpetrator. A seventh FBI background investigation of Judge Kavanaugh failed to corroborate Professor Ford's account. Moreover, there are a number of key facts missing from Professor Ford's story.

My job as a Senator is to assess the facts and make a judgment. I continue to support Judge Kavanaugh and believe he will serve our Nation with integrity and devotion to the rule of law. I am confident that Judge Kavanaugh will be an outstanding Supreme Court Justice. I look forward to voting in favor of his confirmation. He will serve the American people with distinction.

Thank you, Madam President.

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