[Congressional Record Volume 164, Number 120 (Tuesday, July 17, 2018)]
[Senate]
[Pages S4993-S4994]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                     Nomination of Brett Kavanaugh

  Today, Mr. President, I am coming to the floor to speak about 
something very positive; that is, the nomination of Brett Kavanaugh to 
be the next Associate Justice of the Supreme Court. A lot of people 
have talked about Judge Kavanaugh's impeccable qualifications.
  I spoke to a Democratic colleague today who may or may not support 
him, but said: I agree this guy is very qualified. And he is. He now 
sits on the DC Circuit, the second most powerful court in the land. He 
has lots of decisions, and they are decisions that have gotten positive 
reviews from judges across the political spectrum. He is clearly 
qualified.
  Important to me are not just someone's qualifications and their legal 
background, but also their character. Character is incredibly important 
for a Supreme Court that will have to deal with so many issues--issues 
that are important to us and our families going forward.
  This guy is someone of deep and strong character. He is 
compassionate. He has the humility to be able to listen. He has a big 
heart. I have known this guy for over 15 years. Brett Kavanaugh served 
in the second Bush administration. I also served there. I got to know 
him and his wife there and before that, as well, during the campaigns.
  This is someone who is, to me, not just a legal scholar and a judge 
but a friend. I have seen him as a father and as a husband. I cannot 
think of anyone I would rather see on the Court in terms of these 
character strengths he has. He is someone who is humble and 
compassionate and a good listener.
  As he goes through the confirmation here in the Senate, I think my 
colleagues who are still undecided are going to be impressed. I think 
the American people will be impressed because they will recognize him 
as the kind of person they would like to see on the Supreme Court.
  Judge Kavanaugh, or Professor Kavanaugh as he is known at the Harvard 
Law School where he teaches, is respected for all of the right reasons, 
across the board. He volunteers as a tutor for underprivileged kids. He 
helps the homeless through his church. He fed meals to the homeless 
just last week, which was previously planned.
  Some friends on both sides of the aisle have come forward to speak 
out about him and his character, and that is good. His former students 
at Harvard Law School have said that he is a guy who never pushed 
partisan politics on them in class. Instead, he focused on the 
Constitution and the importance of hearing all sides of an argument to 
find out what the law is and what the law says. That is what you want 
in a Supreme Court Justice.
  Today, I want to mention some people who know Brett Kavanaugh by 
another name; that is, Coach K. Coach K is not the famous Coach K of 
Duke fame, but he is Coach Kavanaugh. He teaches and coaches both his 
younger daughter's team and his older daughter's team.
  Julie O'Brien, whose daughter goes to school with Brett Kavanaugh's 
older daughter, recently wrote an article in the Washington Post that I 
thought encapsulated what I am trying to say about Brett Kavanaugh. She 
discussed how Coach K coaches her daughter's basketball team. Last 
season, the Blessed Sacrament School's sixth grade girls team had an 
undefeated season and won a citywide championship, so he must be a 
pretty good coach too.
  Not surprisingly to the parents or players who know him, Julie wrote, 
the team photograph and trophy are displayed prominently in Coach K's 
judicial chambers. Along with coaching, Brett is known as the carpool 
dad, shuttling his daughters and their friends to and from practices, 
games, and events.
  Mrs. O'Brien went on to mention another story, which I think displays 
Brett's character well. She said that a few years ago her husband 
passed away. With no one to accompany her daughter to the annual 
father-daughter dance, Brett Kavanaugh stepped up. That year, and every 
year since then, Brett has taken her daughter alongside his own 
daughter to the father-daughter dance.
  That is the kind of man Brett Kavanaugh is. He is thoughtful. He is 
caring. He does things because they are the right things to do, as 
someone who cares about others and cares about his community.
  He has chosen to spend 25 of his last 28 years serving the American 
people in various jobs, most recently, of course, on the DC Circuit. He 
is the kind of person, again, you would want on the Supreme Court. He 
has a judicial philosophy that is pretty simple. He has proved time and 
again that he is a judge who will apply the law fairly and impartially.
  He interprets the law in the Constitution based on the words, 
historical context, and meaning rather than trying to legislate from 
the bench. That is what most people are looking for.
  Speaking to the Notre Dame Law School in 2017, Judge Kavanaugh spoke 
of the legacy of Justice Antonin Scalia and what people should take 
away from his time as a Supreme Court Justice. He stated:

       The judge's job is to interpret the law, not to make the 
     law or make policy. So read the words of the statute as 
     written. Read the text of the Constitution as written, 
     mindful of history and tradition. Don't make up new 
     constitutional rights that are not in the text of the 
     Constitution. Don't shy away from enforcing constitutional 
     rights that are in the text of the Constitution.

  I think Judge Kavanaugh is the kind of judge the American people 
want--someone who will fairly and impartially apply the law, not 
legislate from the bench. He has an outstanding judicial record from 12 
years on the bench. He is a thought leader among his peers, on the 
appellate courts, and has the respect of the Justices on the Supreme 
Court, as well, because they picked up his decisions and used them in 
later cases.
  Just as importantly to me, again, he is a good person. I am proud to 
support Brett Kavanaugh's nomination to the Supreme Court of the United 
States. As his confirmation process continues, I hope my colleagues on 
both sides will

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keep an open mind and get to know the Brett Kavanaugh whom I know, his 
family and friends know, and the American people are coming to know. I 
hope we can confirm him with a strong bipartisan vote so that he can 
serve our American community from a new role--that of Associate Justice 
of the Supreme Court.
  I yield back my time.
  The PRESIDING OFFICER. The Senator from Delaware.