“On Tuesday, the US Supreme Court heard three major cases that could affect a wide swath of the American population.
At the core of these cases is what does the word “sex” means when it comes to law. In 1964, when it first became illegal to discriminate on the basis of sex, it meant “male” and “female.” Now, at least one side in these cases is arguing it should be a bit more complicated: gender identity and sexual orientation should be included.
The cases involve two homosexuals and one transgender fired from their jobs. Gerald Bostock is one of the gay men.
He said outside the court after his case was heard, “Millions and millions of people go to work every day fearful for being fired for who they are, how they identify and who they love. And that’s wrong.””
During the rally on the steps of the Supreme Court for the R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission case, our CEO and President, Penny Nance, explained exactly why Concerned Women for America was standing up and speaking out for women in an interview with The Daily Caller.
Washington, D.C. – The conservative public policy women’s organization, Concerned Women for America (CWA) is partnering with the self-proclaimed radical feminists’ organization, Women’s Liberation Front (WoLF) to Stand Up and Speak Out against injustice for women and girls. These two groups represent hundreds of thousands of women across the country who will be victimized if the Supreme Court redefines the word “sex” to include “gender identity” in R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission.
“To arbitrarily change the word ‘sex’ to include gender identity is regressive, not progressive,” said Penny Nance, CEO and President of CWA. “It would greatly undermine the women’s movement and the women who dedicated their lives to see the advancements we enjoy today,” she continued. “It’ll be a rough day for freedom of speech and conscience if the Supreme Court rules that we can all be compelled to lie about sex,” added Natasha Chart, Board Chair of the Women’s Liberation Front.
Together, CWA and WoLF are hosting a rally on the steps of the Supreme Court to highlight speakers who will share story after story of how they are the true victims of the determined political activism over “gender identity.” Examples include women athletes who can no longer compete in their sports, women who have been assaulted in formerly safe places that excluded males, scientists who have been fired for presenting factual science publicly, and former transgender individuals who have now detransitioned. The rally will be held, Tuesday, October 8, 2019, from 9:00 a.m. to 12:30 p.m. ET at the Supreme Court of the United States located at 1 First Street NE, Washington, DC 20543.
During our 40th Anniversary Gala, Dr. Beverly LaHaye describes how CWA came into existence in 1979 and Penny Nance discusses CWA’s impact on pro-life causes, conservative justices, and grassroots activism around the country.
Every time you are tempted to ease up on an all-out defense of truth and justice, remember Kavanaugh. The latest maliciously orchestrated smear campaign led by “the newspaper of record,” the New York Times, should be a reminder that the “mainstream” media is not only complicit with the radical left, it is the radical left. It is intent and will stop at nothing to destroy conservatives.
To recap, the New York Times published an op-ed alleging a new “bombshell” allegation that Justice Brett Kavanaugh sexually assaulted a female classmate in a grotesque, sexually demeaning way – complete with tabloid-worthy details of the encounter for its esteemed readers. Their “reporting” cued the usualchorus of leftist media friends who immediately commence talks of impeachment—complete with a Voxexplainer of what the process would look like.
Even Democratic presidential candidates jumped at the opportunity to “go for the kill,” given the horrendous event described by the Times. Sen. Kamala Harris, Julián Castro, and Sen. Elizabeth Warren all called for impeachment. Others, like Sen. Amy Klobuchar, stopped short of impeachment but were nonetheless excited to assail the character of the Supreme Court Justice.
But the Times forgot to include one small detail about the horrible encounter it described: the alleged victim does not recall it.
That’s right, there is no victim. There is no reporting. It was a wishful, fictional piece smearing the character of a sitting Supreme Court justice (for a second time!) for political purposes. The Times would have never published a story like this of someone the editors supported.
It is worthy of note that the Times was forced to publish an embarrassing (for anyone else in a similar situation) correction of the story only after Mollie Hemingway of The Federalist, who had obtained an advance copy of the book alleging the incident, reported on the glaring omission.
Did I mention this was on the front page of its Sunday review section?
But it is not just the New York Times. Most of the mainstream media has been complicit in this miscarriage of justice against Justice Brett Kavanaugh. Even after the pernicious omission was disclosed, they have run right in line with the impeachment talk, instead of decrying the error and treating Justice Kavanaugh with the respect he and his family deserve.
This was no different than what we experienced first-hand during the confirmation hearings. The leftist media, hiding behind First Amendment protections, is waging an all-out war against conservatives, and we simply cannot give them the benefit of the doubt anymore.
The authors of this dishonest piece smearing Justice Brett Kavanaugh, Robin Pogrebin and Kate Kelly are now doing the rounds on every leftist news organization trying to salvage their reputation. In an MSNBC interview, they claim that they had included the crucial fact in their piece at first but “the editors” took it out. It was sort of “in the haste” in the editing process, they claim.
Whatever the case, note that it was an editing decision, not a mistake. It was a decision willingly made in order to attack conservatives, as all editing decisions go for the radical left.
Many conservatives’ first instinct is to give the benefit of the doubt to the media. Many conservatives do not particularly like when the president calls them “fake news.” At first glance, this instinct is a testament to their good nature and character. But knowing what we know today, after living through this wicked Kavanaugh smear, it becomes foolishness and a character flaw to continue to ignore what is plain for all to see.
The mainstream media is not only sympathetic to the left. It is leading their efforts. It does not deserve the benefit of the doubt. It deserves our contempt.
“Our condolences to Justice Stevens’ family and friends. CWA is praying for comfort in their loss. We join the nation mourning the loss of a public servant who served honorably in the US Navy during World War II even before his 35-years of service as a Supreme Court Justice in the nation’s highest Court. May he rest in peace.”
Washington, D.C. — Today, the Senate confirmed Brett Kavanaugh to the Supreme Court 50-48.
Penny Nance, CEO and President of Concerned Women for America issued the following statement in response:
“This confirmation journey has been unlike anything I have ever witnessed. Thank you, President Trump, for choosing such an outstanding and exemplary nominee. What we saw play out over the last month was nothing more than an outrageous display of partisanship at the cost of a good man’s reputation.
“But at the end of the day, truth and justice were victorious. I have been honored to stand alongside and represent half-a-million women who have supported Brett Kavanaugh since July 9. His record and his life of service withstood every salacious and unfounded attack.
“To the senators who endured threats for doing what is right, thank you. Thank you to Sen. Susan Collins who stood up for all women in that historic speech yesterday. To the staff on the hill who dealt with angry mobs at your desks, thank you. To Chairman Grassley, who saw the Judiciary Committee through this unprecedented charade, thank you for your strong and steady leadership. To Leader McConnell, who refused to be bullied, thank you.
“Concerned Women for America Legislative Action Committee showed up. Our happy warrior/activist ladies did what they do best. Across the United States, hundreds of thousands of our leaders fought unwaveringly for months. They wrote letters, held rallies, traveled to town halls, and even showed up in D.C. I am proud to stand with them.
“Justice Kavanaugh, thank you for not giving up. We are praying for you and your beautiful family. You made a choice to sacrifice yourself for the good of this nation, and the American people saw that. There is no one more qualified or worthy to sit on this esteemed bench at this time.”
For an interview with Penny Nance contact Annabelle Rutledge at [email protected] or 916-792-3973.
During the Judiciary Committee business meeting this morning, Sen. Flake (R-Arizona) decided that a FBI investigation would be helpful “to mend the nation”. So before he voted on Kavanaugh in committee, he asked for such an investigation to be conducted. A senator cannot make their vote contingent on anything, so this was mostly symbolic and political. Kavanaugh was reported out of committee favorably 11-10 (voted along party lines); his confirmation can now move to the Senate floor. Sen. Lisa Murkowski (R-Alaska) very shortly after the vote echoed Flake’s call for an additional FBI investigation, essentially forcing Leader McConnell to delay the vote for said investigation.
Tomorrow at noon there was a procedural vote (motion to proceed) scheduled, but in a plot twist no one saw coming, about 7:00 p.m. Friday evening, the Senate agreed by unanimous consent request (that means no one, including democrats objected) to the motion to proceed (the one that was scheduled for tomorrow) to move to Executive Session for the consideration of Kavanaugh to be an Associate Justice of the Supreme Court of the United States. Monday at 3:00 p.m. the Senate will convene and continue Kavanaugh’s consideration. There will be other legislation considered then as well.
The White House has now asked the FBI to conduct a supplemental investigation into *existing* allegations only, and the investigation must wrap up in one week. This was the exact request from Senate Judiciary. The investigation could last two hours, or it could last all week. There is no way to know. This is why McConnell moved forward with the motion to proceed regardless.
Chairman Grassley’s repeated remarks this week on why a FBI investigation is useless are helpful. To summarize: it is not their job to reach conclusions or give recommendations; that is the sole job of the Senate (advice and consent); there was no federal crime committed, so they don’t have jurisdiction anyway.
After the FBI concludes their investigation, there will likely be calls for additional investigations. From day one the Democrats entire goal was to stop this with “everything they have”. There will be more calls for delay. There will very likely be more allegations against Judge Kavanaugh. The pressure on the four undecided senators will be intense (Heidi Heitkamp D-North Dakota, Joe Manchin D-West Virginia, Susan Collins R-Maine, Lisa Murkowski R-Alaska). It will all get much, much worse. When abortion is your god and life has no value, ruining one man’s life and reputation to “save Roe” is not even an ethical question, it’s a mandate. Leader McConnell is very motivated to move forward. He knows this is important on every level. Floor debate will continue all week. Once the FBI investigation is over, at some point next week, we will have the cloture vote (end debate), and then the final vote.
Earlier today after the Flake episode, Sen. Joe Donnelly (D-Indiana), one of our “gettable” democrats previously undecided, came out in opposition to Kavanaugh and intends to vote against his confirmation.
Pray for Judge Kavanaugh and please pray for Ashley Kavanaugh, too. I will never forget the look on her face yesterday. I cannot imagine having to explain to my 10 and 13 year old girls that even though half the country thinks their dad gang raped women, that is a lie made up and permeated by politicians. I would also encourage you to watch Senator Graham’s questioning of Kavanaugh yesterday if you haven’t already. It sums it up perfectly, and I found it very encouraging.
Washington, D.C. — Today, the Senate Judiciary Committee heard Dr. Christine Blasey Ford testify under oath. Judge Kavanaugh offered his defense and was questioned immediately following.
Penny Nance, CEO and President of Concerned Women for America issued the following statement in response:
“Today’s hearing was difficult for everyone. Judge Kavanaugh’s testimony was powerful, sincere and appropriately emotional. As a woman who is a victim of attempted rape and a physical assault, a member of the #MeToo movement, I still believe in the presumption of innocence for everyone.
“The process was politicized from even before he was named when abortion activists held up signs opposing “XX (insert name).” After Judge Kavanaugh was named, they stooped to screaming and interrupting the hearings, dressing as handmaids (and not kidding, condoms) and disrupting senate business by harassing senate members and staff.
“The level of nastiness I have observed in the past few weeks is shocking. Add all of this to the games played by Senator Feinstein and Senate Democrats, and it becomes clear that the politics of personal destruction has made a mockery of the Senate. Senator Charles Grassley has done an heroic job of patiently working to be fair and thorough. Enough! It’s time to vote. And Concerned Women for America urges the swift confirmation of Brett Kavanaugh.”
For an interview with Penny Nance contact Annabelle Rutledge at [email protected] or 916-792-3973.
Washington, D.C. – The “Women for Kavanaugh” bus is making its way to D.C.! Concerned Women for America LAC and coalition groups will be holding a rally on Capitol Hill, Thursday, September 27, in support of Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court.
What: Women for Kavanaugh – ‘I Stand With Brett’ Rally
When: Thursday, September 27, 8:30 a.m. – 9:30 a.m. EST
Where: The Park behind the Russell Senate Office Bldg. on Capitol Hill
The park is located across the street from the Russell Office building and is bordered by C St. N.E., Delaware Ave. N.E., 1st St. N.E. and D St. N.E.
Penny Young Nance, CEO & President, Concerned Women for America
Peggy Nienaber, Vice President of Operations, Faith and Action
Carrie Severino, Chief Counsel and Policy Director, Judicial Crisis Network and former law clerk to Justice Clarence Thomas
Jenny Beth Martin, Co-Founder and National Coordinator, Tea Party Patriots
Allie Stuckey, The Conservative Millennial, Host of the podcast, Relatable
Patrice Onwuka, Senior Policy Analyst, Independent Women’s Forum
Karin Agness, President, NeW
Jessica Anderson, Vice President, Heritage Action
Kimberly Fletcher, President and Founder, Moms for America
Andrea Lafferty, Executive Director, Women for a Great America
Penny Morrell, CWA of ME, State Director
Cathi Herrod, President, Center for Arizona Policy
Victoria Belk, YWA Chapter President, Liberty University
Penny Nance, CEO and President of Concerned Women for America had this to say:
“Accusations continue to surface, but the fact remains that this frenzy is based on unsubstantiated allegations. Concerned Women for America is committed to standing in support of Judge Kavanaugh, as we have throughout this process. We are also committed to much larger goals – protection of the presumption of innocence, support of due process, and pursuit of truth and justice.”
As a woman and as an American, I’m dismayed by the message Sen. Mazie Hirono (D-Hawaii) delivered this week telling “men of this country and the men in this committee” to “just shut up and step up” to the allegation of sexual assault from 36 years ago against Judge Brett Kavanaugh. Let’s be clear, these allegations are just that — allegations. They are not facts backed up by evidence, and they are unsubstantiated by eyewitnesses. Judge Kavanaugh, under oath, has categorically denied the claims. And yet, Sen. Hirono has served as judge and jury in condemning not only Judge Kavanaugh, but all men as complicit in the process.
Make no mistake, this is a form of sexism of an insidious nature. In her rush to condemn, Sen. Hirono is exploiting the sexes, advocating a culture that favors, without questions, the accuser over the accused (even when wrongly accused). Her misguided view lacks any standard of justice. She is making a mockery of the judicial system and the oath she took to uphold and defend the Constitution of the United States that expresslyprotects due process.
We should fear for our children — girls and boys — and the message this sends. What exactly is the purpose of Sen. Hirono asking men to “shut up and step up”? Truth? Justice? Hardly. Ironically, truth is exactly what the 11 Republican “old white men” on the Senate Judiciary Committee are trying to seek. Since learning of these 11thhour allegations against Brett Kavanaugh, which Sen. Hirono’s own colleague, Sen. Dianne Feinstein (D-California), concealed for months, the Senate Judiciary Committee has set out to investigate these claims, as is their obligation under Senate rules. Chairman Chuck Grassley has offered any way possible for this accuser, Dr. Christine Blasey Ford, to be interviewed and/or to testify in public or private. This offer has so far gone unaccepted (but he continues graciously to maintain the offer open).
Senate Democrats are looking more and more complicit in colluding with her handlers to set the terms and conditions under which her testimony might be heard to further their ultimate objective of delaying the nomination until after the election and ultimately derailing it altogether.
Make no mistake, too many women have faced sexual assault without the confidence of due process to come forward. But Sen. Hirono’s rant, essentially condemning the male race as abusers first, disregards the very standards of justice that underpin civility and our freedom. Yes, the #MeToo era has merit, but not at the expense and erosion of the foundations of our democracy. Sen. Hirono should step up for justice, for women and for men, and perform her duty to uphold the Constitution that she swore under oath to defend.
Monday, CWA’s Iowa State Director, Tamara Scott, Iowa native and National Field Director, Janae Stracke, and a handful of other CWA of Iowa supporters attended Sen. Grassley’s (R-Iowa) 99th Town Hall Meeting, which concluded his 38th annual 99 county tour. As expected, the meeting was filled with liberal protesters and contention over the issue of Judge Brett Kavanaugh’s pending confirmation to the U.S. Supreme Court.
Over the years, CWA of Iowa has attended many of Sen. Grassley’s town hall meetings to offer support for our shared conservative values, but this last meeting was certainly one of the more disruptive. The protesters were disrespectful, yelling, and interrupting both other attendees and the Senator. Several times throughout the hour-long meeting, frustrated attendees would chime in with a “Let him speak!” or a “Show some respect!” as protesters continued to disrupt what is usually a civil meeting with objections to Judge Kavanuagh.
When Stracke was called on to share a comment or ask a question, she started by thanking Sen. Grassley for making himself available to hear from the public face to face, something most senators are not willing to do. She apologized for the disruptive nature of this meeting and referred back to her experiences with protesters at the Kavanaugh hearings in D.C. the previous week. Stracke referred to one instance when a Kavanaugh protester could not make any claim against the judge’s record; rather, they could only talk about the issue of abortion. The point Stracke wanted to make was that there are no legitimate reasons to oppose Judge Kavanaugh based on his years of work and solid record. This was, of course, very upsetting to the protesters present at the meeting in Iowa and interruptions began.
In an effort to unite everyone on common ground, the last person called on to speak stood and asked to close the meeting with the Pledge of Allegiance to the American flag, something that represents a lot, one being the right of everyone present to publicly disagree and voice their opinion. Unfortunately, even our Pledge of Allegiance is no longer common ground for some Americans; a handful of protesters started yelling in opposition to saying the pledge and ultimately kneeled as others in the room stood in respect the flag and what it represents.
This battle we are in spans much further than one issue. It runs far and wide, and as Ephesians 6:12 tells us, we know we are not fighting against flesh and blood, but rather “against the rulers, against the authorities, against the cosmic powers over this present darkness, against the spiritual forces of evil in the heavenly places.” We must continue to fight on our knees in prayer and then stand to take action with our legs and voices. Offering support to your Members of Congress is just one way to do that; if you haven’t already, be sure to contact your senator and/or local media and let them know you support Judge Kavanaugh and want them to support him as well.
You can watch a Facebook Live of Tamara Scott and Janae Stracke following the town hall meeting here.
Washington, D.C. — Today, Sen. Feinstein (D-California) released a statement saying she referred an anonymous letter to federal investigative authorities concerning the nomination of Brett Kavanaugh. The contents of the letter are unknown.
Penny Nance, CEO and President of Concerned Women for America issued the following statement in response:
“CWA just wrapped up four days spent listening to every word of Judge Kavanaugh’s confirmation hearing last week. He was stalwart, answering every question as a Judge should. He stood in support of the Constitution and adhered to precedent in response to each question.
“We have looked carefully at his record which is impeccable, by the way. Anyone who takes the time to consider Judge Kavanaugh’s qualifications and experience will find the same. Judge Kavanaugh has served 12 years as a D.C. Circuit Court Judge and has been thoroughly vetted by the FBI throughout his 25 years of public service.
“We are thankful to Judge Kavanaugh for being a leader among his peers in hiring female clerks. More than half of his clerks were women, each of whom have successful careers and have given him their outright support for his nomination to the Supreme Court (unless barred by their current position) .
“In the face of his qualifications, his record, and his character, Democrats are left with nothing, and so we’re faced with this last-ditch effort to defame this outstanding nominee. We knew all along that the left would try a last minute dirty trick (as they have done in the past). “Somebody” saying “something” is simply not even close enough to any kind of evidence to halt or even slow down the process. There is nothing substantive in this dubious charge.”
For an interview with Penny Nance contact Annabelle Rutledge at [email protected] or 916-792-3973.
Washington, D.C. — Yesterday, CWA of Iowa State Director, Tamara Scott, was inside her Senator’s office when a swarm of protesters came to hold a sit-in protesting Sen. Grassley (R-Iowa) and Judge Kavanaugh.
Tamara Scott, CWA of Iowa State Director, issued the following statement:
“Thursday I was in Sen. Grassley’s office before heading to the Kavanaugh Hearing when a large group of defiant protestors stormed in with cameras, rehearsed rhetoric and a proud defiance. They pounded on inner office doors, made demands of staff, and staged a display the media was all too eager to capture. It does not matter that Kavanaugh has support from colleagues across ideological spectrums because they trust him to be Constitutional not political. The antics of the New Left are sadly not about civil discourse, but disruption and destruction of the sacred traditions of diplomacy America has known. They simply have no respect for our Constitutional process.
“Sadly, the protestors that stormed Sen. Grassley’s office Thursday morning were not interested in dialogue or informed on Kavanaugh, who has received support from colleagues across the ideological spectrum because they trust him to be constitutional not political. This group did not care. Their goal was not discussion or even civil discourse – they were there to disrupt the process, distract from facts, and destroy the foundations of our Republic and the media present seemed all too delighted to help.”
For an interview with Tamara Scott contact Annabelle Rutledge at [email protected] or 916-792-3973.
This week some of our state leaders who helped with our Women for Kavanaugh bus tour were able to fly to D.C. to be present at Judge Kavanaugh’s hearings. These women were able to sit in for portions of the hearings and prayed over all of the proceedings. While in town, they all made use of their time here and made visits to some of their members of Congress.
CWA’s Missouri State Director, Bev Ehlen and CWA of MO supporter Sophie Shore met with staff and left notes for Sen. Blunt (R-Missouri), Representatives Ann Wagner (R-Missouri), Vicky Hartzler (R-Missouri), Jason Smith (R-Missouri), Billy Long (R-Missouri), Sam Graves (R-Missouri), and Blaine Luetkemeyer (R-Missouri). The duo also stopped by Sen. Claire McCaskill’s (D-Missouri) office and were not able to meet with staff, but left a message asking Sen. McCaskill to commit to voting “yes” for Judge Brett Kavanaugh to the Supreme Court of the United States.
CWA’s Iowa State Director Tamara Scott and CWA of Iowa supporter Barb Hovland were also able to meet with Sen. Chuck Grassley, Chairman of the Judiciary Committee, and personally thanked, encouraged, and prayed with him. Scott and Hovland were sure to spend some time in Sen. Joni Ernst’s office thanking her as well.
Former CWA of North Dakota State Director and current North Dakota State Senator, Janne Mrydal, also made the trek to D.C. and when not in the hearings, she was able to visit in Sen. John Hoeven’s (R-North Dakota) office. She also put in multiple requests to meet with Sen. Heidi Heitkamp (D-North Dakota), but was told they did not have time. Unfortunately, this is not a new response from Heitkamp’s office.
Walking into the atrium of the Hart Senate Office Building the first day of Judge Kavanaugh’s confirmation hearing was absolutely not what was expected. It’s just a year and a half past the confirmation hearing of Justice Gorsuch which was pivotal and exciting in its own right, but largely uneventful.
This go around has been a whole different story. Tuesday morning saw the Hart atrium full of protesters. Purple NARAL shirts swarmed the halls, and people with Planned Parenthood buttons and signs gathered around the media while women dressed as handmaids stood silently and strategically throughout the building. Not long after arriving the whole room went silent. Everyone huddled in a circle, and the crowd turned on electric candles and held them up while the Executive Vice President of Planned Parenthood began a vigil mourning the supposed loss of women’s rights at the hands of Judge Kavanaugh.
CWA was there taking videos, pictures, and doing media interviews. We were not there to engage in antics and fear tactics but to professionally engage about the issues and the facts at hand.
Concerned Women for America had very specific goals for these hearings: we were there to show support to Sen. Grassley, Judge Kavanaugh, cover that room in prayer, and be a voice of truth to the media at every opportunity.
There was not a moment of this hearing that didn’t see at least two CWA staff or members inside the hearing room. During some of the more intense sessions, we made sure to have even more people there to support and pray. Late Wednesday night was the first opportunity Sen. Booker (D-New Jersey) and Sen. Harris (D-California) had to question Judge Kavanaugh, and they did not hold back. We had nine staff and members of CWA burning the midnight oil with the Judiciary Committee. The room was audibly astonished at their behavior towards the Judge, especially during Sen. Harris’ time.
On Thursday afternoon, Senator and Judiciary Committee member Tillis (R-North Carolina) noted that up to that point, there had been over 200 interruptions from the public listening section at the back of the room.
And those protests paled in comparison to what was happening in Sen. Grassley’s (R-Iowa) office. On Thursday morning, CWA’s Communications Coordinator, Annabelle Rutledge, and Iowa State Director, Tamara Scott, were at Sen. Grassley’s office when a group of protesters came in yelling, chanting, and waving cameras. From 9:00 a.m. to around 4:00 p.m., they held a sit-in. His staff had to go in the back of the office to continue working as the protesters took over behind the desks. They brought lunch, bringing groups of people in shifts to make sure the office was full throughout the day.
Annabelle was inside trying to take video at the beginning of the protest but had her camera blocked repeatedly and was physically blocked from leaving the room as she was called a coward. Most of the media chose to ignore us despite the fact that our Iowa State Director, a constituent of Sen. Grassley was being introduced to them. They chose instead to pull screaming protesters for interviews. CNN told us that they were too busy and didn’t have time for us. It was clear that the facts we had to share did not fit their narrative of hysteria.
Through the chaos, the hysterics, and the fear tactics, it has been incredible to witness Judge Kavanaugh throughout this week. On Wednesday, he sat through more than 12 hours of intense questioning. Thursday was more of the same, even going into a third round of questions at night. You would never guess how exhausted he must be by his good spirits, calm demeanor, and insightful, clear, and direct answers. He has held fast to the Constitution and precedent just as his predecessors in their hearings. Democratic Senators’ attempts to make him sound anything but qualified and ready for the task at hand fell flat. His qualifications, his deep understanding of law, his dedication to the Constitution, and his character cannot be hidden.
Thank you to each one of you who have kept up with his hearing and prayed alongside of us.
The Kavanaugh hearings have officially come to an end after no shortage of political theater by both Senators and paid disrupters. There’s still a lot that needs to happen before he can be confirmed. The Senate Judiciary Committee must give his nomination either a favorable or unfavorable recommendation to the entire Senate. This vote in the committee will be scheduled next week, but Democrats can object to a motion to proceed to a vote and delay the process. If they do (and we fully expect that they will), the committee must wait one week before meeting again to consider the nomination. Once this time is burned, the vote can be taken, and then the committee can report the nomination to the full Senate. Cloture can be filed the day after the committee gives their final report (cloture is a vote to end debate) and then the clock starts ticking to burn 30 hours of Senate floor debate.
It normally takes 60 votes to stop debate, but remember former Majority Leader Harry Reid changed the Senate rules in 2015 to allow for a simple majority (51) to end debate for lower court judges and cabinet nominees. When Democrats obstructed the nomination of Neil Gorsuch to be an associate justice for the Supreme Court in 2017, Majority Leader McConnell was forced to change the Senate rules again to lower the cloture threshold for Supreme Court nominees to a simple majority. The vote to end debate on Judge Kavanaugh’s nomination will require this same simple majority. After debate is over, the final vote will occur for confirmation; this vote also requires a simple majority of Senators present to pass.
This will likely take us into the end of September, and if all goes according to plan, including a successful floor vote, it appears that Judge Kavanaugh will be Justice Kavanaugh in time for the Supreme Court’s term beginning the first Monday in October (October 1).
Today’s update of Kavanaugh’s outstanding performance before the Senate Judiciary Committee must start with the debacle that was Sen. Cory Booker (D-New Jersey) and Sen. Kamala Harris (D-California) as they questioned the nominee late last night.
To sum, it was all fluff and no substance. Sen. Booker decided to question Kavanaugh on emails from the Bush White House that the nominee could not access (more on that drama later). One particular email Sen. Booker focused on as particularly ominous actually showed Judge Kavanaugh agreeing with Sen. Booker that racial profiling shouldn’t be used. But the pompous way and mysterious circumstances of the whole exchange, where the email couldn’t be shown were all very dramatic.
It was clear Sen. Booker was there to make a point and was not interested at all on anything Kavanaugh had to say. The ironic thing is that Kavanaugh has shown through his record that he has been one of the leading voices advocating for minorities in the legal field.
Here is a bit of what he said about his efforts to help get more minority law clerks:
“Justice Thomas and Justice Brayer were testifying before the Appropriations Committee, and they were asked about minority law clerks and the lack of them at the Supreme Court. And they said, in essence, we’re hiring from the lower courts. And I remember reading that and thinking, well, I need to do something about that. I’m the lower court. I’m one of them. So, after that, I thought what can I do? And I didn’t just sit there. I went and thought what can I do, and I started on my own going to the Yale Black Law Students Association every year starting in 2012. I think I’m the only judge who has done something like that, or one of the few. And I just cold-called them, cold-e-mailed them and said I’d like to speak about minority law clerk hiring because I’m told there’s a problem there. And I showed up the first time wondering how it would go, and I explained, and I got a good crowd from the Black Law Students Association. And I said we need more law clerks. There’s a problem. Let me tell you how to do it. Here’s why you should clerk, and here’s how you clerk. Here are the classes you should take and the things you need. And I gave them my phone number and e-mail and said call me any time if you want to help. And it was a big success. I got a lot of e-mails after that. I helped students. I help students get clerkships with other judges. One of them recently finished the Supreme Court and thanked me for starting him on that road… I’ve continued to encourage African American law clerks, but not just encouragement. I’ve given them help and advice and been a source of counsel… I tried to be very proactive on that, including my own court hiring where there are only networks that prevented women and African Americans and minorities from getting clerkships, I have been very aggressive about trying to break down those barriers and be very proactive on that.”
Sen. Booker should be highlighting these great efforts, lifting Kavanaugh up as a model for other judges to follow. Instead, he was blatantly disparaging Kavanaugh’s record with unsubstantiated innuendo to make him look as if he didn’t care about civil rights.
Sen. Harris was also incredibly disappointing in her questions. She was very aggressive, and you can tell she came out “for blood,” so to speak. But, substantively, she delivered very little. The most telling exchange came when she dramatically asked Judge Kavanaugh over and over, “Have you discussed Mueller or his investigation with anyone at Kasowitz Benson Torres, the law firm founded by Marc Kasowitz, President Trump’s personal lawyer?”
As you might expect, Judge Kavanaugh was apprehensive and said he didn’t think so and he would need to see who works there. But Sen. Harris was stern: “Be sure about your answer, sir.”
The social media commentary was ratcheted up a hundred-fold. What did she know? She went so far as to tell him, “I think you’re thinking of someone, and you don’t want to tell us.”
But as The Los Angeles Timesreported, there was no big reveal. It was all a show and it, “failed miserably.” So miserably, the law firm itself had to respond that they had no idea about what she was talking. “There have been no discussions regarding Robert Mueller’s investigation between Judge Kavanaugh and anyone at our firm,” a spokesman told CNBC.
What a dud.
The amazing thing, though, was the incredible demeanor and grace with which Judge Kavanaugh treated all of them. After more than 12 hours of questioning and answering questions with very few breaks, he was still in good spirits to the very end.
And today it was more of the same. Judge Kavanaugh started and remained in that same spirit of cordiality and respect towards all there.
Which brings us back to more of Sen. Booker’s antics. While complaining about the emails that he couldn’t show yesterday to the Judge because they were marked “Committee Confidential,” which meant he would need to discuss them with the Judge at the private session they had today, Sen. Booker revealed he was defying Senate rules and the committee to release the emails publicly. He was engaging in an act of “civil disobedience,” like Martin Luther King, Jr.
“I’m saying I’m knowingly violating the rules,” he said dramatically, referring to the moment as his “Spartacus moment,” if you can believe it.
Only the documents he was releasing as an act of public disobedience had already been opened to the public the night before after a simple request was made. A statement from the George W. Bush’s record representative read, “We cleared the documents last night shortly after Senator Booker’s staff asked us to. We were surprised to learn about Senator Booker’s histrionics this morning because we had already told him he could use the documents publicly. In fact, we have said yes to every request made by the Senate Democrats to make documents public.”
And so, the hearings went on. The histrionics (which seems like an appropriate term) will surely continue. But Judge Kavanaugh was magnificent. There is no other way of putting it.
Tonight, they will conduct a private session with the judge and tomorrow several outside groups will speak in support and against his nomination. But his work is done—largely mistake-free.
The stark contrast between Judge Kavanaugh and his detractors was in full display on the second day of hearings for his nomination to the U.S. Supreme Court. As senators started their first round of questioning, Judge Kavanaugh was engaging and approachable. He dealt evenly with those senators who questioned him most forcefully, as with those who praised his exemplary record.
His message was clear and concise. It can be summarized by this one statement to Sen. Hatch (R-Utah), “If confirmed to the Supreme Court, and as a sitting judge, I owe my loyalty to the Constitution. That’s what I owe loyalty to. The Constitution establishes me as an independent judge, bound to follow the law as written, the precedents of the Supreme Court as articulated, subject to the rules of stare decisis, and I would do so.”
Loyalty to the Constitution is what is desperately needed at the U.S. Supreme Court.
In discussions with Sen. Ted Cruz (R-Texas), he described what makes a good judge. He talked about being independent and impartial, and also about someone who takes the law as written. He talked about treating every litigant with respect, judicial temperament and work ethic, among several factors.
Here is a clip where he described a judge that is a judicial activist. He said it is, “[S]omeone who lets his or her personal or policy preferences override the best interpretation of the law.”
.@SenTedCruz to Judge Kavanaugh: “How would you describe a judicial activist?”
On the other hand, the vulgar detractors continued to interrupt, disrupt and embarrass themselves with complaints about anything and everything but Kavanaugh’s record.
Having failed miserably yesterday with their own efforts to disrupt the hearings from their seats in the committee, some Democrat Senators, thankfully, decided to greatly reduce (more on this later) their obstructionist tactics to disrupt the committee hearings.
That is not to say they were focused on Kavanaugh’s record. Sen. Sheldon Whitehouse (D-Rhode Island), for example, decided it was appropriate to ask Kavanaugh about the Federalist Society and the types of policies Kavanaugh would enact for the selection of judges. He asked him about the Pacific Legal Foundation and the Judicial Crisis Network. He was appalled that some groups spend money on ads supporting judge Kavanaugh’s nomination. I was glad to hear Judge Kavanaugh point out that he and his family had seen a lot of ads opposing his nomination too. But, of course, that was not Sen. Whitehouse’s concern – the ones supporting him are the real problem.
In the end, Judge Kavanaugh proved, as Neil Gorsuch did at his hearings, he was the smartest man in the room. He was in his element, discussing the proper role of a judge, precedent, the Constitution and the many cases he has decided. Through it all, he was humble and in good spirits, despite the long hours that would start to weigh on anyone.
Bottom line is, Judge Kavanaugh is on his way to confirmation.
I said I’d have more on the fact that the shenanigans from Democrats being mildly reduced. Here is some of what transpired outside the hearing room where Democrats continued to pounce because they cannot stop the nomination of Judge Kavanaugh.
Senate Minority Leader Charles Schumer (D-New York) objected to a routine request that the Judiciary Committee be allowed to meet beyond the two-hour limit that is required by Senate Rules while they are in session. Senate Majority Leader Mitch McConnell (R-Kentucky) was then forced to adjourn the Senate for the day, preventing senators from doing their jobs.
Schumer made it clear he was protesting the fact that they haven’t received all documents related to Kavanaugh.
It bears repeating that Sen. Schumer, within minutes of President Donald Trump’s announcement of Brett Kavanaugh’s nomination vowed to oppose him with everything he had. He literally needed no documents to make up his mind.
Not to mention the fact that, as noted in the hearings yesterday, the more than a half million pages of documents the Committee received for Judge Kavanaugh is more than the number of pages they received for the last five Supreme Court nominees combined.