The Center of four main mister President mister President the five previous times that I've come to the floor to explain my vote on the nomination of a Justice to the United States Supreme Court I have begun my floor remarks, explaining my decision with a recognition of the solemn nature and the important Of the occasion but today we have come to the conclusion of a confirmation process that has become so dysfunctional It looks more like a caricature of a gutter level political campaign than a solemn occasion The President nominated Brett Kavanaugh on July Within moments of that announcement special interest groups race to be the first to oppose him including one Organization that didn't even bother to fill in the judge's name on its pre-written press release They simply road that they oppose Donald Trump's nomination of XXX to the Supreme Court of the United States A number of senators joined the race to announce their opposition but they were beaten to the punch by one of our colleagues who actually announced opposition before the nominees Addendum City was even known Since that time we have seen special interest groups with their followers into a frenzy by Misrepresentations and outright falsehoods about Judge Kavanaugh's judicial record over the top rhetoric and distortions of his record and testimony at his first hearing produced Short-lived Headlines, which, although debate hours later continue to live on and be spread through social media interest groups have So spent an unprecedented amount of dark money opposing this nomination Our Supreme Court confirmation process has been in steady decline for more than 30 years One can only hope that the Cavanaugh nomination is where the process has finally had rock bottom Against this backdrop it is up to each individual senator to decide what the Constitution's advice and consent duty means informed by Alexander Hamilton's Federalist 70 - Six. I have interpreted this to mean that the President has brought to scratch into consider a nominee's philosophy Duty as a senator is to focus on the nominee's qualifications as long as that nominees philosophy is within the mainstream of judicial thought I have always supposed limitless test for judicial nominees with respect to their personal views or politics but I fully expect them to be able to put aside any and All personal preferences in deciding the cases that come before them I've never considered the president's sedentary city or party when a valuating Supreme Court nominations As a result I voted in favor of Justices Roberts and Alito who were nominated by President Bush Justice And Caden who were nominated by President Obama and Justice Gorsuch who was nominated by President Trump So I begin my evaluation of Judge Kavanaugh's nomination by reviewing his 12 year record on the DC Circuit Court of Appeals including his more than 300 opinions and his many And law review Articles 19 attorneys including lawyers from the Non-partisan Congressional Research Service briefed me many times each week and assisted me in evaluating the judges extensive record I met with Judge Kavanaugh for more than two hours in my office I listened Fully to the testimony at the Committee hearings I spoke with people who knew him personally such as Condoleezza Rice and many others and I talked with Judge Kavanaugh a second time by phone for another hour to ask him very specific additional questions I also have met with thousands of my constituents, both advocates and many opponents regarding Judge Kavanaugh One concern that I frequently heard was said the judge would be likely to eliminate the affordable Care X vital protections for people with pre-existing conditions I disagree with this contention in a descent in seven Sky beholder Judge Kavanaugh rejected a challenge to the ACA on narrow proceed Grounds preserving the law in full Many experts have said that his descent informed Justice Roberts opinion upholding the ACA at the Supreme Court Furthermore Judge Kavanaugh's approach towards the doctrine of Severability is narrow when a part of a statute is challenged on constitutional grounds he has argued For severing the invalid clause as surgically as possible while allowing the overall law to remain intact This was his approach in his descend in a case that involved a challenge to the structure of the Consumer Financial Protection Bureau in his descent Judge Kavanaugh argued for quotes severing any Matic portions well leaving the remainder intact and quote given the current challenges to the ACA proponents, including myself of protections for people with preexisting conditions should want to Justice who would take just this kind of approach Another assertion that I've heard often is that Judge I cannot be trusted if a case involving alleged wrong doing by the President were to come before the court The basis for this argument seems to be twofold First Judge Kavanaugh has written that he believes that Congress should enact legislation to protect presidents from criminal prosecution or civil liability while in office Mister President I believe opponents miss the Mark on this issue The fact that Judge Kavanaugh offered this legislative proposal suggests that the print he believes that the President does not have such protection Currently Second There are some who argue that given the current special counsel investigation President Trump should not Can be allowed to nominate a Justice that argument ignores our recent history President Clinton in 1990 - three nominated Justice Ginsburg after the Whitewater investigation was already underway and she was confirmed 90 - six to three the next year just three Was named to lead the Whitewater investigation President Clinton nominated Justice Briar He was confirmed 80 - seven to nine Supreme Court justices have not hesitated to rule against the presidents who have nominated them perhaps most notably in the United States versus Nixon, three Nicks and appointees who heard the case Opinion against him Judge Kavanaugh has been unequivocal in his belief that no President is above the law He has stated that Marbury versus Madison Youngstown, steel versus Sawyer and the United States versus Nixon are three of the four greatest Supreme Court cases in history What do they have in common each of them It's a case where Congress served as a check on presidential power and I would note that the fourth case that Judge Kavanaugh has pointed to as the greatest in history was Brown versus the Board of Education One Cavanaugh decision Illustrated the point about a check on presidential power directly he wrote the opinion in Hamden versus the United It's a case that challenge the Bush Administration's military Commission prosecution of an associate of a summer bin land This conviction was very important to the Bush administration but Judge Kavanaugh who had been appointed to the DC Circuit by President Bush and had worked in President Bush's White House ruled that the can Lawful as he explained during the hearing quote we don't make decisions based on who people are or their policy preferences or the moment we base decisions on the law and quote other side. I've met with have expressed concerns that Justice Kennedy's retirement threatens the right of same sex couples to marry yet Judge Kavanaugh. Describe the Obergefell decision which legalized same gender marriages as an important landmark precedent He also cited Justice Kennedy's recent masterpiece cake cake shop opinion for the courts majority stating that quote the days of treating gay and lesbian Americans or gay and lesbian couples as second-class Since who are inferior in dignity and worth are over in the Supreme Court and quote others said suggested that the judge holds extreme views on birth control In one case Judge Kavanaugh incurred the display for both sides of the political spectrum for seeking to ensure the availability of contraceptive services for women well minimized The involvement of employers with religious objections although his critics frequently overlooked this point Judge Kavanaugh's descent rejected arguments that the government did not have a compelling interest in facilitating access to contraception In fact he wrote that the Supreme Court President strongly suggested that there was a can Calling interest in facilitating access to birth control The results have been considerable focus on the future of abortion rights based on the concern that Judge Kavanaugh would seek to overturn Roe V Wade protecting this right is important to me to my knowledge Judge Kavanaugh is the first Supreme Court nominee to express the view that precedent Is not merely a practice and tradition but ruded in Article three of our Constitution itself He believes that President is not just digital policy It is constitutionally dictated to pay attention and pay heed to rules of precedent In other words President isn't a goal or an aspiration It is a constitutional tenant that has to be followed except in the most extraordinary circumstances The judge further explained that President provides stability predictability reliance and fairness There are of course rare and extraordinary times where the Supreme Court would rightly overturn a precedent the most famous Example was when the Supreme Court in Brampton versus the Board of Education Overruled Plessy versus for Ferguson correcting a grieving Muslim wrong decision to use the judges term allowing racial inequality But someone who believes that the importance of President has been rooted in the constitution would follow Established President accept in those rare circumstances where a decision is gravy wrong or deeply inconsistent with the law Those are judge Kavanaugh's praises as the judge should started to me a long-established precedent. It's not something to be trimmed narrowed discarded or overlooked It's roots in the constitution gives the concept of starry decisis Is greater weight such as the precedent can't be trimmed or narrowed simply because the judge might want to on a whim ensured his views on honoring President would preclude attempts to do by stealth that which one has committed not to do overtly noting that Roe V Wade was decided 40 years 40 - five years ago. 19 years later Implant Parenthood versus Casey I asked Judge Kavanaugh whether the passage of time is relevant to following precedent he said. Decisions become part of our legal framework with the passage of time and that honoring President is essential to maintaining public confidence Our discussion then turn to the right of privacy on which the Supreme Relied in Griswold versus Connecticut case that struck down a law banning the use and sale of Contraceptions grid swelled established the legal foundation that led to row eight years later in describing Griswold as settled law Judge Kavanaugh observed that it was the correct application of two famous cases from the 19 twenties Meyer Appears that are not seriously challenged by anyone today Finally in his testimony he noted repeatedly that rope had been upheld by Planned Parenthood versus Casey describing it as precedent on precedent When I asked him would it be sufficient to overturn a long established precedent If five current justices believed that it was wrongly decided he impact I said no Opponents frequently site then candidate Donald Trump's campaign pledge to nominate only judges who would overturn row the Republican platform for all presidential campaigns has included this pledge since it least 1980 During this time presidents Republican presidents have appointed Justice and so Connor Suter and Kennedy Supreme Court please start the very three justices Republican President appointed justices who authored the KC decision which reaffirmed Roe Furthermore pro-choice groups vigorously opposed each of these justices nominations Incredibly they even searched lated buttons with the slogan Stop suiter or women will die Just two years later just as sooner Co-op, they're the K C opinion reaffirming a woman's right to choose Suffice it to say prominent advocacy organizations have been wrong The same interest groups have speculated that Judge Kavanaugh was selected to do the bidding of conservative ideologues Despite his record of judicial independence I ask the judge point blank whether he had made any commitments or pledges to anyone at the White House to the Federalist Society to any outside group On how he would decide cases he unequivocally assured me that he had not Judge Kavanaugh has received rave reviews for his 12 year track record. As a judge including for his judicial temperament the American Bar Association gave him its highest possible rating It's standing Committee on the federal judiciary conducted and extraordinary Thorough assessment soliciting input from almost 500 people including his judicial colleagues the APA concluded that his integrity judicial temperament and professional confidence met the highest standards Lisa Blatt who is argued more cases before the Supreme Court than any other woman in history testify Quote by any objective Measure Judge Kavanaugh is clearly qualified to serve on the Supreme Court His opinions are invariably thoughtful and fair Miss Blatt who clerked for and is an ardent admirer of Justice Ginsburg and who is in her own words and unapologetic defender of a woman's right to choose sets that Judge Kavanaugh fits within Mainstream of legal thought she also observed that Judge Kavanaugh is remarkably committed to promoting women in the legal profession that Judge Kavanaugh is more of a centrist than some of his critics maintain is reflected in the fact that he and Chief Judge Merrick Garland voted the same way in 90 Percent of the cases that they heard together indeed Chief Judge Garland joined in more than 90 -, six percent of the majority opinions authored by Judge Kavanaugh descending only once despite all this after weeks of reviewing Judge Kavanaugh's record and listening to 30 - two hours of his And consent role was thrown into a tail spin following the allegations of sexual assault by Professor Christine Blasey Ford The confirmation process now involves evaluating whether not Judge Kavanaugh committed sexual assault and lied about it to the Judiciary Committee Argue that because this is a lifetime appointment to our highest courts court the public interest requires that doubts resolved against the nominee Others see the public interest as embodied in our long-established tradition of affording to those accused of misconduct a presumption of innocence in cases The facts are unclear they would argue that the question should be resolved in favor of the nominee Mister President I understand both few points This debate is complicated further by the fact that the Senate confirmation process is not a trial but certain fundamental legal principles about due process the presumption Of innocence and fairness do bear on my thinking and I cannot abandon them In evaluating any given claim but this contact we will be ill served in the long run If we abandon the presumption of innocence and fairness tempting though it may be we must always remember that it is when passions are most inflamed That fairness is most in jeopardy The presumption of innocence is relevant to the advice and consent function when an accusation Departs from a nominees otherwise exemplary record I worried that departing from this presentation could lead to a lack of public faith in the judiciary and would be hugely damaging to the confirmation process moving forward some The allegations levied against Judge Kavanaugh illustrate why the presumption of innocence is so important I am thinking in particular not at the allegations raised by Professor Ford but if the allegation that when he was a teenager Judge Kavanaugh drugged multiple girls and use their weakened state to facilitate gang rape this outlandish allegation was put forth without any credible supporting evidence and simply Public statements of fathers that such an allegation can find its way into the Supreme Court confirmation process is a stark reminder about why the presumption of innocence is so ingrained in our American consciousness Mister President I listened carefully to Christine Blossom ports testimony before the Judiciary Committee I found her testimony to be sincere painful and compelling I believe that she is a survivor of a sexual assault and that this trauma has up ended her life nevertheless the four winds and said she named could not corroborate any of the events of that evening gathering where she says the assault occurred None of the individuals Professor Ford says for at the party has any recollection at all of that night Judge Kavanaugh forcefully denied the allegations under penalty of Purgery Mark Judge denied under penalty of felony that he had witnessed an assault P J Another person allegedly at the party denied that he was there under penalty of felony professor Ford's lifelong friend Leland Kaiser indicated that under penalty of felony she does not remember that party and Miss Kaiser went further She indicated that not only does she not remember a night like that but also that Does not even know Brett Kavanaugh in addition to the lack of corroborating evidence we also learn some facts that raised more questions for instance since these allegations have become public Professor Ford testified that not a single person has contacted her to say I was at the party that night The professor testified that although she does not remember how she got home that evening she knew that because of the distance she would've needed a ride yet not a single person has come forward to say that they were the one who drove her home or where in the car with her that night and Professor Ford also indicated that even though she That's small Catherine of six or so people abruptly and without saying goodbye and distract none of them called her the next day or ever to ask why she left Is she okay Not even her closest friend Miss Kaiser Mister President the Constitution does not provide guidance on how we are supposed to evaluate these competing claims at least that decision up to each senator This is not a criminal trial and I do not believe that the claims such as these need to be proved beyond a reasonable doubt Nevertheless fairness would dictate that the claims At least should meet a threshold of more likely than not as our standard the facts presented do not mean that President that Professor Ford was not sexually assaulted that night or at some other time but they do lead me to conclude that the allegations failed to me the more like Not standard therefore I do not believe that these charges can fairly prevent Judge Kavanaugh from serving on the court Let me emphasize that my approach to this question should not be misconstrued as suggesting that I wanted sexual contact of any nature is not a serious problem in this country to the contrary of any good at all has come from this ugly confirmation process It has been to create an awareness that we have Underestimated the pervasiveness of this terrible problem I have been alarmed and disturbed however by some who have suggested that in less judge Kavanaugh's nomination is rejected the Senate is somehow Condoning sexual assault Nothing could be further from the truth every Man or woman who makes a charge of sexual assault deserves to be heard and treated with respect The me too movement is real Matters it is needed and did as long overdue We know that rape and sexual assault are less likely to be reported to the police than other forms of assault On average an estimated 211000 rapes and sexual assaults go unreported every year We must listen to survivors and every day we must seek to stop the criminal behavior that has hurt so many We owe this to ourselves our children and generations to come Since the hearing I have listened to many survivors of sexual assault many were total strangers who told me their heart-wrenching stories for the first time in their lives Some were friends that I have known for decades You have with the exception of one woman who had confided in me years ago I had no Idea that they had been the victims of sexual attacks I am grateful for their courage and their willingness to come forward and I hope that in heightening public awareness they have also lightened the burden that they have been quietly bearing for so many years to them I pledge to do all that I can to ensure that their daughters and granddaughters never share their experiences Over the past few weeks I have been emphatic that the Senate has an obligation to investigate and evaluate the serious salad gay sions of sexual assault I called for and supported the additional hearing to hear from both Professor Ford and Judge Cavanaugh I also pushed for and supported the Fbi supplemental background investigation This was the right thing to do Christine Ford never saw the spotlight She indicated that she was terrified to appear before the Senate Judiciary Committee and she is shunned attention Since then she seemed completely unaware of chairman Grassley's offer to allow her to testify confidentially in California Watching her mister President I could not help but feel that some people who wanted to engineer the defeat of this nomination cared little if at all for her well-being Professor Ford testified that a very limited number of people had access to her letter yet that letter found its way into the public domain She testified that she never gave permission for that very private letter to be released and yet here we are we are in the Middle of a fight that she never bought arguing Claims said she wanted to raise confidentially now one theory I've heard is spouse Repeatedly is that our colleagues Senator Feinstein leaked Professor Ford's letter at the eleventh hour to derail this process I wanna stay this very clearly I know Senator Dianne Feinstein extremely well and I believe that she would never do that I knew that to be the case before she even stated it at the hearing she is a person of integrity and I stand by her I also heard some barbecue that the chairman of the Committee somehow treated Professor Ford unfairly Nothing could be further from the truth Chairman Grassley along with his excellent staff treated Professor Ford with compassion and respect throughout the entire process And that is the way the senator from Iowa has conducted himself throughout a life Dedicated to public service But the fact remains mister President's someone leaked this letter against Professor Ford's Express wishes I suspect regrettably that we will never know for certain who did it Two That leaker who I hope is listening now let me say that what you did was unconscionable you have A survivor who was not only entitled to your respect but who also trusted you to protect her and you have sacrificed her well being in a misguided attempt to win whatever political crusade You think you are fighting My only hope is that your calluses act has turned this Into such a dysfunctional circus that it will cause the Senate and indeed all Americans to reconsider how we evaluate Supreme Court nominees If that happens then the apology lack of compassion you afforded Professor Ford will, at least have some unintended positive consequences Mister President the politically charged atmosphere surrounding this nomination has reached a fever pitch even before these allegations were known and it has been challenging even then to separate fact from fiction we live in a time of such grace greatness unity as the bitter fight over Nomination both in the Senate and among the public clearly demonstrates it is not merely a case of different groups having different opinions It is a case of people bearing extreme ill will toward those who disagree with them in our intense focus on our differences We have forgotten the common Find us together as Americans when some of our best minds are seeking to develop even more sophisticated algorithms designed to link us to websites that only reinforce and catered to our views we can only expect our differences to intensify Would have alarmed the drafters of our constitution who were acutely aware that different values and interests could prevent Americans from becoming and remaining a single people Indeed of the sixth objectives they invoked in the preamble to the constitution The one that they put first was the former Of a more perfect Union their vision of a more perfect Union does not exist today and if anything we appear to be moving father away from that it is particularly worrisome that the Supreme Court the institution that most Americans see as the principal guardian of our shared constitutional heritage is viewed Part of the problem through a political lens Mister President we heard a lot of charges and counter charges about Judge Kavanaugh but as those who have known him best have a tested he has been an exemplary Public servant Judge teacher coach has been and father despite Turbulent bitter fights surrounding his nomination My fervent hope is that Brett Kavanaugh will work to lessen the divisions in the Supreme Court so that we have far fewer 54 decisions and so that public confidence in our judiciary and our highest court is restored Mister President I will vote to confirm Judge Kavanaugh Thank you mister President