[Congressional Record Volume 164, Number 121 (Wednesday, July 18, 2018)]
[Senate]
[Pages S5037-S5038]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                     Nomination of Brett Kavanaugh

  Mr. HATCH. Madam President, I rise today to discuss the confirmation 
process for Brett Kavanaugh. By any honest measure, President Trump's 
nominee, Judge Kavanaugh, is exceptionally well qualified to serve on 
the Supreme Court. When he was nominated to the DC Circuit, he already 
had stellar credentials, a keen intellect, and an impressive knowledge 
of the law. He was confirmed to the DC Circuit Court in 2006, following 
years of Democratic obstruction. I have followed his work closely on 
that court for over a decade. His judicial record never ceases to 
impress.
  A nominee with such a sterling reputation should receive wide 
bipartisan support. But over the years, I have seen firsthand the 
deterioration of the judicial confirmation process. When Justice 
Kennedy announced his retirement, I knew the Democrats would, again, 
play politics with the Supreme Court. It is what they have done for 
more than three decades. It is a matter of grave concern to me, 
especially with an eminently qualified nominee. They are casting about 
looking for something--really, anything--to stop Judge Kavanaugh's 
confirmation.
  Because Democrats want political judges, they politicize the 
confirmation process. This is what they did to oppose Justice Neil 
Gorsuch when he was nominated. They took a few cases out of the 
thousands he had decided and distorted what he had said. They attacked 
him as being unfit to serve. They said he was unqualified to be a 
Justice, but Justice Gorsuch had an unassailable record as a principled 
jurist on the Federal bench.
  We fought back against the misrepresentations, the caricatures, and 
the exaggerations, and the American people saw through the Democrats' 
ruse. They saw the kind of Justice Neil Gorsuch would be--a Justice who 
says what the law is, not what he wants it to be, a Justice who 
respects the separation of powers, a Justice who will stand up to the 
executive and legislative branches when they overreach. I believe the 
American people will see the same thing when they look at Judge 
Kavanaugh.
  The debate over Judge Kavanaugh's confirmation should be a debate 
over his qualifications. Does he understand the proper role of a judge 
under our Constitution? Does he have the experience needed? Will he 
respect our Constitution and the rule of law?
  With hundreds of opinions, Judge Kavanaugh has built a reputation as 
being one of the most respected and influential judges in the entire 
country. His incisive reasoning has led the Supreme Court to adopt his 
positions in at least 12 cases.
  Fidelity to the Constitution and to the rule of law are hallmarks of 
his opinions. Importantly, his vast body of work shows a deep 
commitment to the separation of powers. His opinions demonstrate his 
commitment to the principle that judges should interpret the law, not 
make it.
  Judge Kavanaugh should be asked questions about his rulings and his 
approach to the law. As a judge, he has developed a reputation for his 
preparation in court. I have no doubt that he can stand up under the 
most rigorous questioning.
  Yet what we have seen so far is a mix of hyperbole, mudslinging, and 
distortion. Attacks aimed at Judge Kavanaugh have not focused on 
whether he is qualified to serve. They have not focused on whether he 
understands the role of a judge. They have not focused on how he will 
interpret the Constitution and the laws passed by Congress. When it 
comes to what we should be asking about a nominee, what we have seen so 
far is not even in the ballpark.
  After scouring Judge Kavanaugh's financial disclosure, progressives 
thought they had struck gold with a shocking revelation that would, 
surely, turn public opinion against him. So

[[Page S5038]]

what salacious scandal did they uncover? What damning evidence did they 
find that would dash all hopes of confirmation?
  The Presiding Officer is not going to believe this, but they 
discovered that Judge Kavanaugh enjoys America's pastime. That is 
right. Judge Kavanaugh loves baseball--horrors. Honestly, I couldn't 
believe it either. But wait. It gets worse.
  Not only does Judge Kavanaugh love baseball, but he was once a season 
ticket holder at Nationals Park. OK, but here is the real kicker. Judge 
Kavanaugh bought those season tickets with a credit card--with a credit 
card of all things. As was the Presiding Officer, I was speechless too. 
I have been racking my brain all week trying to figure out how a credit 
card-using baseball fan could slip through the cracks of the White 
House's vetting process.
  Now, I am being facetious to prove a point. We are only 9 days into 
the confirmation process, and progressive opposition is already beyond 
parody.
  Of course, this is nothing new. Everything we have seen so far comes 
directly from the Democrats' playbook. Throw every rumor, half-truth, 
and exaggeration at the nominee, and just see what sticks. When nothing 
sticks, double down on partisan attacks, take past statements out of 
context, mischaracterize his positions, and lob a hyperbolic Hail Mary 
if you have to. Do everything you can to denigrate, disparage, and 
dehumanize the nominee no matter his qualifications or character.

  If Democrats continue down this path, we are going to lose all 
ability to debate matters of public importance. We cannot expect that 
all debate will be well reasoned, but opposition should, at the very 
least, be rational. It should never be hysterical. The rhetoric used to 
oppose Judge Kavanaugh crosses that line.
  Just last week, when speaking about Judge Kavanaugh's impressive 
resume, I said you could not knock Yale, Harvard, or Georgetown. Maybe 
I spoke too soon. Shortly after the announcement that Judge Kavanaugh 
would be the nominee, Yale Law School released a statement with praise 
of Judge Kavanaugh from professors and administrators.
  One professor even noted that ``politics have deeply harmed our 
Supreme Court nomination process,'' but she lauded Judge Kavanaugh as 
being a ``true intellectual,'' an ``incomparable mentor,'' and a 
``fair-minded jurist who believes in the rule of law.'' She went on to 
say that ``he is humble, collegial, and cares deeply about the federal 
courts.''
  The response from some Yale Law School students, staff, and alumni 
was swift, forceful, uncompromising, and completely ridiculous: 
``People will die if he is confirmed.'' As these Yale alumni were 
feverishly opposing the nomination, Judge Kavanaugh was spotted 
volunteering his time with a local charity to distribute food to the 
poor. His decision to keep his commitment to volunteer the week he was 
nominated to the Supreme Court says more about Judge Kavanaugh than any 
letter could.
  This overwrought reaction, sadly, comes as no surprise. Crying wolf 
is the left's trademark strategy in attempts to sabotage Republican 
nominees. Back in 1990, a group that opposed then-nominee David Souter 
warned that he was a threat to the ``lives, health and livelihoods of 
millions of women and their families.'' It wasn't true then, and it 
isn't true now.
  I hope that the Senate can raise the level of debate as we consider 
the nomination. In doing so, we should focus on whether Judge Kavanaugh 
is qualified.
  I hope my Democratic colleagues can resist the temptation to 
politicize this nomination as they have with others in the past. Some 
of what we are seeing now has me worried.
  We have also heard a lot from Democrats about how important 
transparency is to the confirmation process. Because of Judge 
Kavanaugh's long record of public service to our Nation, the executive 
branch has been asked to produce a large number of documents. Democrats 
have been demanding that they be given access to these documents as 
quickly as possible.
  Some of my colleagues have expressed shock that Deputy Attorney 
General Rod Rosenstein requested that assistant U.S. attorneys help to 
review these documents. The truth is that the Office of Legal Policy at 
the Justice Department always assists with nominations, and that Office 
is composed mostly of career attorneys. It is not uncommon for 
attorneys from other offices in the Justice Department to help with the 
review of nominations.
  The government attorneys at the Department of Justice who work on 
nominations are extraordinarily thorough. Given the reportedly large 
number of documents, it makes sense that to facilitate this process, 
the DOJ would seek extra help.
  When we spoke last week, Judge Kavanaugh said he was proud of his 
opinions, and he hoped people would actually read them rather than just 
read about them. I think those who do that will be just as impressed by 
Judge Kavanaugh's work as I am. I hope Senators will take the time to 
sit down with him.
  Judge Kavanaugh has spent more than 23 years in public service. As a 
good man, a decent man, and an honest man, Judge Kavanaugh is the type 
of person we should all hope is nominated to a seat on the U.S. Supreme 
Court. That is why I am so pleased that President Trump nominated Judge 
Kavanaugh. I intend to do everything I can to support his nomination, 
and I hope that all other Senators will do the same.
  We have to quit this mudslinging and mischaracterizing of people's 
characters. Judge Kavanaugh is one of the finest people I know. He is 
also one of the smartest. He is conservative--no question about that--
but he is honest. To me, these are some of the most important keys to 
these judgeship positions. I hope we get rid of the unjust 
representations against the judge. I hope we will start treating the 
Senate like the great deliberative body it really is.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. BARRASSO. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The remarks of Mr. Barrasso pertaining to the introduction of S. 
3229 are printed in today's Record under ``Statements on Introduced 
Bills and Joint Resolutions.'')
  Mr. BARRASSO. I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mrs. Hyde-Smith). The clerk will call the 
roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. BARRASSO. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.