Senate Republicans hope to get Brett
Kavanaugh, President Trump’s nominee for the Supreme Court,
confirmed before October 1, when they will reconvene. Senate
Democrats hope to hold on to any vote until after the November
election when Democrats have the possibility of taking a majority in
the Senate and giving Republicans a dose of their own medicine.
Bravo to Senate Democrats who have not yet scheduled meetings with
Kavanaugh. Dems are treating him slightly better than Republicans
treated Justice Merrick Garland, President Obama’s choice for
the Supreme Court. Unfortunately, with a Republican majority in the
Senate, Senator Mitch McConnell (R-KY) can schedule a hearing without
Democratic concurrence. If Republicans stick together, and if the
calendar is favorable, Kavanaugh can be voted in without any
Democratic support.
Most of the scrutiny of Kavanaugh
has focused on the possibility that he would vote to overturn Roe V.
Wade, the legislation that guarantees abortion rights. Kavanaugh has
assured all who will listen that he honors judicial precedent. While
he isn’t likely to vote to overturn Roe, he is extremely likely
to rule in favor of limiting abortion rights. This might persuade
Senators Susan Collins (R-ME) and Lisa Murkowski (R-AK) to vote
against his confirmation. Several women’s organizations have
weighed in against Kavanaugh, largely because of his perceived
positions on Roe. Depending on how he answers questions in a
hearing, Kavanaugh might lose the support of moderate Republican
women Senators.
Abortion rights aren’t the
only rights on the line if Kavanaugh is voted onto the Supreme Court,
and I’m frustrated that so many women have so narrowly focused
on abortion rights. What about voting rights? In 2013, the Supreme
Court trashed Title 4(b) (and thus also Title 5) of the Civil Rights
Act. Chief Justice John Roberts, who naively believes that the way to
stop racism is to simply stop mentioning it, would trash the entire
Voting Rights Act, and affirmative action, too, if he had his way.
He does not believe that disparate impact means discrimination and
would likely oppose any state action that made adjustments to
prevailing practice because African Americans or other people of
color are getting the short end of the stick. Laws that prevent
discrimination, according to Roberts, are unconstitutional. Kavanaugh
is likely to follow Roberts in voting against any legislation that is
"race-conscious."
Not only is Kavanaugh likely to
threaten voting rights and civil rights, but he is also expected to
threaten consumer protection. Already the Consumer Financial
Protection Board has been under attack. When Office of Management
and Budget Director Mick Mulvaney (R-SC) led the office on an interim
basis, he did everything he could to render the agency inefficient,
including submitting a zero budget for the agency. Now, President
Trump has nominated Mulvaney’s assistance, Kathy Kraninger, to
replace him as CFPB leader. Kraninger, a Georgetown University law
graduate, has absolutely no background in consumer protection or
financial services.
Kraninger should not be confirmed to
lead the CFPB, but the agency may be short-lived if Brett Kavanaugh
becomes a justice. He has ruled that the CFPB is “unconstitutional”
and “a threat to individual liberties:” Through his
rulings, predatory bankers have been able to avoid paying millions of
dollar of fines. He is on record opposing regulation and consumer
protection and will make life much more challenging for everyday
Black folks.
Brett Kavanaugh has been a strong
proponent of presidential power, and would likely cover for Trump in
individual lawsuits, and prevent government agencies, or others, from
bringing lawsuits against Trump. He has stated that he would put “a
nail in the coffin” of the independent counsel statute, and
would probably prevent investigations of presidents while they are in
office. But if we wait until 2020 to pin the tail on the Trump
elephant, we will have been annexed by Russia, reimposed segregation,
and more!
The white women who consider their
top issue in vetting a Supreme court justice the abortion issue are
being extremely short-sighted. There are plenty more reasons to be
adamantly opposed to this nominee. Perhaps Senator Tim Scott (R-SC)
the lone Black Republican in the Senate, will be swayed by the
Kavanaugh position on voting rights. Maybe other Republicans will
grow a conscience. Or perhaps Schumer can hold the line on a vote
until November. In any case, abortion rights aren't the only rights
on the line if Kavanaugh makes it to the Supreme Court.
|