The next year, just three months after Independent Counsel Robert Fiske was named to lead the Whitewater investigation, President Clinton nominated Justice Breyer. He unequivocally assured me he had not. I met with Judge Kavanaugh for more than two hours in my office. Senator Susan Collins, R-Me., delivered remarks from the Senate floor on Friday to announce her decision to vote to confirm Judge Brett Kavanaugh to be an associate justice of the U.S. Supreme Court. We base decisions on the law….”, Others I met with have expressed concerns that Justice Kennedy’s retirement threatens the right of same sex couples to marry. Protecting this right is important to me. And she was confirmed 96-3. The next year, just three months after Independent Counsel Robert Fiske was named to lead the Whitewater investigation, President Clinton nominated Justice Breyer. We owe this to ourselves, our children, and generations to come. Informed by Alexander Hamilton’s Federalist 76, I have interpreted this to mean that the President has broad discretion to consider a nominee’s philosophy, whereas my duty as a Senator is to focus on the nominee’s qualifications as long as that nominee’s philosophy is within the mainstream of judicial thought. Mr. President, I believe opponents miss the mark on this issue. It leaves that decision up to each Senator. Mr. President, the five previous times that I have come to the floor to explain my vote on the nomination of a justice to the United States Supreme Court, I have begun my floor remarks explaining my decision with a recognition of the solemn nature and the importance of the occasion. In short, his views on honoring precedent would preclude attempts to do by stealth that which one has committed not to do overtly. Over the past few weeks, I have been emphatic that the Senate has an obligation to investigate and evaluate the serious allegations of sexual assault. When some of our best minds are seeking to develop ever more sophisticated algorithms designed to link us to websites that only reinforce and cater to our views, we can only expect our differences to intensify. The President nominated Brett Kavanaugh on July 9th. You have taken a survivor who was not only entitled to your respect, but who also trusted you to protect her – and you have sacrificed her well-being in a misguided attempt to win whatever political crusade you think you are fighting. This outlandish allegation was put forth without any credible supporting evidence and simply parroted public statements of others. Nineteen attorneys, including lawyers from the non-partisan Congressional Research Service, briefed me many times each week and assisted me in evaluating the judge’s extensive record. He wrote the opinion in Hamdan v. United States, a case that challenged the Bush Administration’s military commission prosecution of an associate of Osama Bin Laden. But, someone who believes that the importance of precedent has been rooted in the Constitution would follow long-established precedent except in those rare circumstances where a decision is “grievously wrong” or “deeply inconsistent with the law.” Those are Judge Kavanaugh’s phrases. Against this backdrop, it is up to each individual Senator to decide what the Constitution’s “advice and consent” duty means. He has stated that Marbury v. Madison, Youngstown Steel v. Sawyer and United States v. Nixon are three of the four greatest Supreme Court cases in history. She indicated that not only does she not remember a night like that, but also that she does not even know Brett Kavanaugh. On average, an estimated 211,000 rapes and sexual assaults go unreported every year. Indeed, Chief Judge Garland joined in more than 96 percent of the majority opinions authored by Judge Kavanaugh, dissenting only once. Furthermore, the professor testified that although she does not remember how she got home that evening, she knew that, because of the distance, she would have needed a ride – yet not a single person has come forward to say that they were the one that drove her home or were in the car with her that night. One can only hope that the Kavanaugh nomination is where the process has finally hit rock bottom. The ABA concluded that “his integrity, judicial temperament, and professional competence met the highest standard.”, Lisa Blatt, who has argued more cases before the Supreme Court than any other woman in history, testified: “By any objective measure, Judge Kavanaugh is clearly qualified to serve on the Supreme Court.” “His opinions are invariably thoughtful and fair….” Ms. Blatt, who clerked for and is an ardent admirer of Justice Ginsburg, and who is, in her own words, “an unapologetic defender of a woman’s right to choose,” said that Judge Kavanaugh “fit[s] in the mainstream of legal thought.” She also observed that “Judge Kavanaugh is remarkably committed to promoting women in the legal profession.”.
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