Help Block the Hostile Takeover of the Supreme Court | Dive Into Democracy

July 30, 2018

If Judge Brett Kavanaugh’s nomination to the Supreme Court is confirmed by the Senate, it will result in a Supreme Court that is heavily biased against environmental protection. You can help by calling your Senators and urging them to oppose the confirmation of Judge Brett Kavanaugh to the Supreme Court. Find talking points and learn more below.

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Judge Kavanaugh’s judicial record and basis for reaching his decisions shows he will reliably vote in favor of polluter profits and against regulations that protect public health and the environment.

The Supreme Court “serves to ensure that the changing views of a majority do not undermine the fundamental values common to all Americans.” In order to fulfill this mandate, the Supreme Court is intended to be a non-partisan body that, through lifetime appointments, provides stability and well-reasoned, unbiased interpretations of the law. But in line with the rest of President Trump’s government nominees, Judge Kavanaugh’s judicial record demonstrates a clear partisan slant to his decisions. He is supported by groups that claim to champion “limited government” and decry the expansion of the “administrative state.” In practice, this largely translates to favoring limits on the power of agencies and curtailing regulation when it would hurt the profits of industry.

In a number of environmental court cases, Judge Kavanaugh dissented from the majority opinion, often arguing against environmental protections, as well as for more thorough consideration of costs of environmental regulations to industry. For example, Judge Kavanaugh recently wrote a dissenting opinion arguing that the U.S. Environmental Protection Agency (EPA) should not have revoked a permit allowing a company to dump mining waste into a stream without considering the financial implications on the company, despite EPA’s findings that the dumping would cause extensive harm to wildlife. Such twisted thinking — e.g., that companies have an inherent right to threaten public health and pollute our environment if it’s expensive for them to internalize their own costs and responsibly dispose of their wastes — would be extremely dangerous in a new Justice who will likely serve on the highest court in the land for 30 or more years.

Judge Kavanaugh’s acceptance of climate change as real is cited by his supporters as an example of him being “moderate” and not anti-environment. However, Judge Kavanaugh’s personal views on climate change are meaningless considering his clear inclination to overrule any efforts by EPA to address climate change as outside the scope of the agency’s power. Regardless of the reasoning, the end effect is that industry wealth and power is shielded from regulations that are aimed at protecting the public.

This week, please call your Senators and urge them to oppose the confirmation of Judge Brett Kavanaugh to the Supreme Court. Here are some talking points to get you started:

• My name is [YOUR NAME] and I am a resident of [ZIP CODE] in [STATE].
• I am calling because I oppose the nomination of Judge Brett Kavanaugh to the Supreme Court.
• Judge Kavanaugh is hostile to agencies taking regulatory action.
• If he joins the Supreme Court, it will likely lead to the highest court in the land being heavily biased against the protection of human health and the environment from pollution.
• We need a non-partisan, fairly balanced Supreme Court.
• Please vote against the nomination of Judge Kavanaugh.

Dive Into Democracy is Waterkeeper Alliance’s weekly roundup of current attacks on America’s clean water protections and how to take action. Want to get them in your email? Sign up here.

 

**Feature image: U.S. Court of Appeals for the District of Columbia Circuit