Freedom for All Americans Joins 100+ Advocacy Groups in Demanding ‘Release the Records’ of Judge Kavanaugh

By Shane Stahl • July 20, 2018 • 2:31 pm

Today, Freedom for All Americans joined more than 100 other advocacy groups nationwide in signing a letter to Senate Judiciary Committee chair Chuck Grassley and ranking member Dianne Feinstein, asking that a confirmation hearing on Judge Brett Kavanaugh’s nomination to the Supreme Court not move forward until the White House and the National Archives release over one million pages of documents related to his time working in President George W. Bush’s administration. Click here to read the letter in full.

Kavanaugh has a long history in U.S. politics: After clerking for Supreme Court Justice Anthony Kennedy, whose position on the Court he has been nominated to fill, he served as associate counsel for the White House. In 2003 President George W. Bush appointed him Staff Secretary, where he served for three years until being appointed and confirmed as Judge of the United States District Court of Appeals for the District of Columbia in 2006.

The letter states in part:

“In order for the Senate to fulfill its constitutionally prescribed duty to “advise and consent” on a Supreme Court nomination, it must first ensure that it has conducted a full and fair review of that Nominee…it must include all records that the Committee is entitled to see from Judge Kavanaugh’s extensive service in the George W. Bush Administration.”

The letter also emphasizes bipartisan calls for records review, similar to those made by then-Senator Jeff Sessions during the confirmation hearings of Justice Elena Kagan, when he and other requested to see thousands of records pertaining to her service in the Clinton administration.

The content of the letters is important for LGBTQ people because Judge Kavanaugh’s record on our issues is nearly nonexistent. The letters could provide potential insight into his stances on LGBTQ nondiscrimination and allow the opportunity for full examination and vetting of his opinions on issues that touch the lives of LGBTQ people nationwide every day.

Freedom for All Americans Chief Counsel Jon Davidson recently published an article, “Ten Questions Brett Kavanaugh Needs to Answer About LGBTQ Nondiscrimination.” Those questions include:

  • Solely as a policy matter, do you support adding bans on sexual orientation and gender identity discrimination to existing laws prohibiting discrimination based on race, national origin, sex, and religion? If not, why not?
  • Do you have any personal concerns about transgender individuals using restrooms that match their gender identity and, if so, what are those concerns?

There is so much at stake for LGBTQ Americans that could reach the justices in the coming years, including employment and housing protections, military service for transgender people, and whether businesses will remain #OpenToAll. It is imperative that these records are released, not only so the Judiciary Committee and the public have a full picture of Judge Kavanaugh, but also so the LGBTQ community can see what, if any, positions he has taken with regard to LGBTQ nondiscrimination.

To read our Chief Counsel Jon Davidson’s full post, “Ten Questions Brett Kavanaugh Needs to Answer About LGBTQ Nondiscrimination,” ciick here.


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