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Congressional Hispanic Caucus Sends Letter Opposing Supreme Court Nominee Brett Kavanaugh

Sep 7, 2018
Press Release

WASHINGTON, DC – Congressional Hispanic Caucus (CHC) Chair Michelle Lujan Grisham (NM-01), and 19 Members of the CHC sent a letter to Senate Leadership expressing deep concerns and strong opposition to President Trump’s Supreme Court nominee Judge Brett Kavanaugh.

“The American people deserve a justice that will uphold and protect the rights of all those living in the United States. Unfortunately, a thorough review of Judge Kavanaugh’s record demonstrates that he falls considerably short of this critical standard,” the Members wrote.

“These cases demonstrate that Kavanaugh has an established judicial track record that undermines the rights of immigrants and women, and strongly demonstrates that he is not fit to serve on the highest court in the land.”

“This Administration has made it a top priority to limit legal immigration and target and deport all undocumented immigrants, including Dreamers, Temporary Protected Status (TPS) recipients and immigrant mothers and fathers with U.S. citizen children,” the letter continues. “As a result, we have seen President Trump institute a myriad of cruel and reckless immigration policies. The majority of these policies are being litigated across the country and the Supreme Court will soon decide the constitutionality and legality of some of these policies. The next Supreme Court justice may play a critical role in determining the fate of Dreamers and TPS holders, as well as the government’s ability to indefinitely detain children and families in detention centers.”  

The letter was also signed by Congressional Hispanic Caucus Chair Michelle Lujan Grisham (NM-01); First Vice Chair Congressman Joaquin Castro (TX-20); Second Vice Chair Congressman Ruben Gallego (AZ-07); Whip Congressman Pete Aguilar (CA-31); Freshman Representative Congressman Adriano Espaillat (NY-13); Congressman Darren Soto (FL-09); Congresswoman Grace F. Napolitano (CA-32); Congresswoman Norma J. Torres (CA-35); Congresswoman Nanette Diaz Barragán (CA-44); Congresswoman Lucille Roybal-Allard (CA-40); Congressman Luis Gutiérrez (IL-04);Congressman Raúl M. Grijalva (AZ-03); Congressman Juan Vargas (CA-51); Congressman Albio Sires (NJ-08); Congresswoman Nydia Velázquez (NY-07); Congressman José E. Serrano (NY-15); Congressman Ruben J. Kihuen (NV-04); Congressman Jimmy Gomez (CA-34); Congressman Ben Ray Luján (NM-03); Congresswoman Linda T. Sánchez (CA-38)

 

September 6, 2018

 

Honorable Mitch McConnell
Majority Leader
United States Senate
Washington, D.C. 20510
 
Honorable Charles Grassley
Chairman
Judiciary Committee
United States Senate
Washington, D.C. 20510
 
Honorable Charles Schumer
Minority Leader
United States Senate
Washington, D.C. 20510
 
Honorable Dianne Feinstein
Ranking Member
Judiciary Committee
United States Senate
Washington, D.C. 20151

Dear Majority Leader McConnell, Leader Schumer, Chairman Grassley and Ranking Member Feinstein:

We write to you to express our deep concerns and strong opposition to President Trump's Supreme Court nominee Judge Brett Kavanaugh. The American people deserve a justice that will uphold and protect the rights of all those living in the United States. Unfortunately, a thorough review of Judge Kavanaugh’s record demonstrates that he falls considerably short of this critical standard. Judge Kavanaugh’s confirmation would be a serious setback for equity and justice in our nation and would deeply harm immigrants and communities of color. 

Judge Brett Kavanaugh’s judicial record, including his D.C. Circuit decision to limit a young undocumented woman's right to choose, demonstrates that he would lend strong support to Trump’s anti-immigrant agenda. In Garza v. Hargan, Kavanaugh stayed the Texas district court’s order for a young immigrant woman to access an abortion.  This not only raises concerns about a woman’s fundamental right to choose, but Kavanaugh’s decision was reversed en banc four days after his ruling.  Kavanaugh dissented to this decision and stated that “a new right” for undocumented immigrant minors was created when allowing this young woman access to an abortion.  Kavanaugh’s erroneous argument that the D.C. Circuit court created “a new right” raises deep concerns that, if he was confirmed to the Supreme Court, Kavanaugh would roll back the long-established constitutional rights of not only women, but immigrants as well.

Another concerning case regarding immigrant communities that Kavanaugh has ruled on is Agri Processor v. NLRB.  Once again in this case, Kavanaugh drafted an opinion that suggests he would roll-back the rights of immigrants.  Both the NLRB and the majority of the D.C. Circuit ruled that the workers at Agri Processor had the right to vote to unionize.  But Kavanaugh dissented, arguing that “illegal immigrant” workers hired by Agri Processor were not protected under the National Labor Relations Act and were therefore unable to unionize and have access to vital worker protections, including improved working conditions and wages.   

These cases demonstrate that Kavanaugh has an established judicial track record that undermines the rights of immigrants and women, and strongly demonstrates that he is not fit to serve on the highest court in the land.

This Administration has made it a top priority to limit legal immigration and target and deport all undocumented immigrants, including Dreamers, Temporary Protected Status (TPS) recipients and immigrant mothers and fathers with U.S. citizen children. As a result, we have seen President Trump institute a myriad of cruel and reckless immigration policies. The majority of these policies are being litigated across the country and the Supreme Court will soon decide the constitutionality and legality of some of these policies. The next Supreme Court justice may play a critical role in determining the fate of Dreamers and TPS holders, as well as the government’s ability to indefinitely detain children and families in detention centers.   

Furthermore, critical laws such as the Affordable Care Act (ACA) have helped millions of Americans, including millions of Hispanics, gain access to health care.  Unfortunately, just a year after President Obama signed the bill into law, Judge Kavanaugh dissented on a 2011 decision to uphold the constitutionality of the ACA. This opinion is deeply concerning, could threaten health insurance coverage for millions of Americans, and would be particularly harmful to the Hispanic community, which has seen the largest reduction in the uninsured rate of any other ethnic group.

Based on Judge Kavanaugh’s judicial record, there is little doubt that he will side with the Trump Administration on cases that carry enormous consequence for Hispanic families. His record of anti-immigrant decisions will have a negative impact on due process and equal protections for all individuals, including undocumented immigrants in the United States. 

We therefore strongly urge you to oppose Judge Kavanaugh’s nomination and to insist on a nominee with a record demonstrating greater respect for well-established precedents and that ensures equal protections for all Americans, including immigrants and communities of color.

Sincerely,