[Congressional Record Volume 164, Number 119 (Monday, July 16, 2018)]
[Senate]
[Page S4961]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                     Nomination of Brett Kavanaugh

  On a related matter, Mr. Prsident, I wish to speak for a moment on 
President Trump's nomination of Brett Kavanaugh to the Supreme Court.
  We know President Trump promised to pick a judge who would be hostile 
to a woman's right to choose--to Roe v. Wade--and to the healthcare 
law, including protections for Americans with preexisting conditions. 
That is incredibly troubling in and of itself, but I have little doubt 
that every one of those 25, in the eyes of the Federalist Society and 
the Heritage Foundation, which put together the list, would do those 
two things that would so hurt America in my judgment.
  There is another troubling aspect of Judge Kavanaugh's nomination: 
His views on Presidential power and whether Presidents should be 
treated as though they are above the law. Judge Kavanaugh seems to take 
an almost monarchical view of Executive power. He has written that a 
sitting President should not be subject to criminal or civil 
investigation or prosecution while in office. He has even written that 
a President doesn't need to enforce a law that the President ``deems'' 
unconstitutional. It contradicts the well-settled principle--something 
at the heart of our Constitution and what the Founding Fathers in their 
greatness did back in 1789--that Presidents should not be above the 
law.
  Now, those are dangerous beliefs at any time, but at this moment in 
time, with this President, those beliefs are especially dangerous. 
Anyone who followed the President's trip overseas and his summit today 
with President Putin saw a reckless, self-centered President willing to 
bully allies and comfort adversaries, seemingly on a whim.
  President Trump's first 1\1/2\ years in office has been marked by 
numerous examples of the President stretching Executive authority, 
testing the rule of law, and the separation of powers.
  Now, more than ever--and especially in light of today's events--we 
need a Supreme Court Justice who understands and respects the important 
boundaries the Constitution and our system of government place on the 
Chief Executive. We don't need a Justice who is ideologically 
predisposed to favor almost unchecked Executive power, especially with 
Donald Trump as President of the United States.
  Judge Kavanaugh has clearly tipped his hand that he prefers to give 
broad deference to the Executive. Perhaps that is why Judge Kavanaugh 
was ultimately selected from the list of 25. That all had been given 
the Good Housekeeping Seal of Approval by the Federalist Society, 
intent on repealing Roe, and by the Heritage Foundation, intent on 
rolling back government-involved healthcare, whether it be ACA, 
protecting preexisting conditions, or Medicaid.
  Special Counsel Mueller's probe appears to be discovering more and 
more evidence of President Putin's interference in our election and 
potential cooperation of American citizens in that interference. Given 
that a Justice Kavanaugh could one day be faced with a ruling on the 
matter of whether a sitting President can be indicted or subpoenaed, I 
hope Senators from both parties scrutinize Judge Kavanaugh's beliefs 
about Executive power.
  On all other courts, potential defendants don't get to pick their 
jurors. The President--particularly this President--shouldn't have that 
power either.
  I yield the floor.
  The PRESIDING OFFICER (Mrs. Ernst). The Senator from Connecticut.