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Feinstein: Supreme Court Nominee Passes Trump Litmus Test, Fails America

Washington—Senate Judiciary Committee Ranking Member Dianne Feinstein (D-Calif.) today released the following statement on President Trump’s nomination of Judge Brett Kavanaugh to fill the vacancy on the U.S. Supreme Court created by the announced retirement of Justice Anthony Kennedy:

“President Trump has been crystal clear about his litmus tests for Supreme Court nominees. He said that they would be ‘pro-gun’ and Roe v. Wade would be overturned ‘automatically.’ The White House also made clear his candidates would oppose actions to protect worker safety and ensure clean air and water. To guarantee potential candidates met these tests, a list of 25 possible nominees was created by ideological right-wing groups.

“Unfortunately, Brett Kavanaugh appears to meet all of President Trump’s political promises for how his candidate will rule on specific issues. Kavanaugh’s record on the bench, in key political positions in the Bush White House and as a partisan political operative indicates that if confirmed he would be among the most conservative justices in Supreme Court history.

“His views are far outside the legal mainstream when it comes to access to health care, executive power, gun safety, worker protections, women’s reproductive freedom, and the government’s ability to ensure clean air and water, to name a few.

“Specifically, Judge Kavanaugh’s strong opposition to commonsense gun safety laws showcases how extreme his views are. Even though five circuit courts of appeals have upheld bans against assault weapons, he voted in 2011 against Washington, D.C.’s ban on assault weapons and high-capacity magazines. He argued that the District could not consider benefits to public safety when banning assault weapons like AR-15s. He also argued that because such weapons were in ‘common use’ they could not be banned.

“We need a nominee who understands that the court is there to protect the rights of all Americans, not just political interest groups and the powerful.”

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