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Published On: Sun, Sep 30th, 2018

ACLU joins Kavanaugh opposition, Susan Herman says they are ‘deeply concerned’

In the wake of Dr. Christine Blasey Ford’s sworn testimony of sexual abuse at the hands of Brett Kavanaugh, the American Civil Liberties Union has announced its opposition to his nomination to the U.S. Supreme Court.

As a matter of organizational policy, the ACLU does not support or oppose candidates for political or judicial office. In this instance, the national board held an extraordinary meeting, and has chosen to make an exception to that policy.

“The ACLU’s board of directors, deeply concerned by the allegations raised in recent weeks, has made a rare exception to its longstanding policy and voted to oppose the nomination of Brett Kavanaugh to the Supreme Court,” said Susan Herman, president of the ACLU.

The ACLU’s national board of directors passed a resolution stating:

“The ACLU opposes the confirmation of Judge Brett Kavanaugh to the Supreme Court. There are credible allegations that Judge Kavanaugh has engaged in serious misconduct that have not been adequately investigated by the Senate. Dr. Christine Blasey Ford’s credible testimony, subsequent allegations of sexual misconduct, the inadequate investigation, and Judge Kavanaugh’s testimony at the hearing lead us to doubt Judge Kavanaugh’s fitness to serve as an Associate Justice of the Supreme Court.

“This is not a decision taken lightly. We cannot remain silent under these extraordinary circumstances about a lifetime appointment to the highest court of the land. The standard for such an appointment should be high, and the burden is on the nominee. That burden is not met as long as there are unresolved questions regarding the credible allegations of sexual assault.”

Brett Kavanaugh

“As a nonpartisan organization, the ACLU does not oppose Judge Kavanaugh based on predictions about how he would vote as a Justice. We oppose him in light of the credible allegations of sexual assault against him,” concluded Herman.

Under its current policy, the ACLU does not take formal positions on judicial nominations. This is the fourth instance in the organization’s 98-year history that the ACLU’s national board of directors has voted to oppose a nominee to the U.S. Supreme Court.  Most recently, the organization did not endorse or oppose the nomination of Associate Justice Neil Gorsuch.

For nearly 100 years, the ACLU has worked in courts, legislatures, and communities to protect the constitutional rights of all people. With a nationwide network of offices and millions of members and supporters, the ACLU takes on the toughest civil liberties fights in pursuit of liberty and justice for all.

Commentary – Brandon Jones
It should be noted that the ACLU’s statement says it’s a “Rare move to oppose” Kavanaugh, but they always exhibit a liberal bias.
This is the initial statement on Neil Gorsuch’s nomination: “Judge Gorsuch’s record, including his decision in the Hobby Lobby case, raises questions about whether he would allow businesses and individuals to opt out of nondiscrimination laws based on religious objections. And his commitment to an ‘originalist’ theory of constitutional interpretation that disregards our nation’s evolving understandings of constitutional rights is also of concern. We look forward to a fair and full public discussion of his record. After unnecessarily holding open a vacancy on the Supreme Court for nearly a year under President Obama, any effort now by Senate Republicans to rush this process should be resisted.”
Back in 2010, for Justice Kagan, the ACLU stated “The ACLU does not endorse or oppose candidates for elective or appointed office.”
That may be true regarding “endorsements,” but this is how their statement on John Roberts began: “Judge John Roberts adheres to the same inconsistent view of federal power held by many of the other short-listed nominees: a philosophy that rejects Congress’ authority to enact many of the laws that protect our civil rights, but supports an expansive view of presidential power.”
Liberal bias shrouded under the cloak of fairness.
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