Press Releases

Every decision that comes across a president’s desk is an important one, but there are few decisions more consequential than his selection of a Supreme Court Justice. The lifetime nature of judicial appointments, along with the immeasurable influence the courts have on our society, provides a president his greatest legacy opportunity. In fact, in the 2016 election, more than one out of every five voters listed nominations to the U.S. Supreme Court as “the most important factor” in casting their vote. To that end, President Trump made an outstanding selection in Justice Neil Gorsuch, and an equally solid decision in nominating Brett Kavanaugh to fill the Supreme Court seat vacated by Justice Anthony Kennedy. The role of a Supreme Court justice is straight-forward: to know the law and then interpret it according to the U.S. Constitution. More damage has been done to our democracy, more infringement has occurred on our sovereignty, and more divisiveness has been sown in our society because activist judges have strayed from this core mission. As Thomas Jefferson warned, an unrestrained judiciary “advanc(es) ... its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one.” We have seen the dangerous trend in recent history towards judicial activism, whereby judges substitute the interpretive and independent role they are supposed to play in favor of promoting their own political preferences. Support for this “legislating from the bench” seems to be prevalent among people whose policy priorities are not being enacted by Congress and wish for expedient and unilateral action by the courts. The wheels of democracy move slowly, which is a personal point of frustration for me; however, that is never an excuse for the judicial branch to act as and carry out the duties of an elected, representative legislature. When our courts get in the business of rendering policy outcomes instead of interpreting the law, they more than just usurp the power of the states and the legislative branch. They are robbing the American people of a say on the pressing issues of our day. By focusing on their own agendas instead of the U.S. Constitution, they make our system less democratic, and citizens less influential in our government. Moreover, they sever the principle of state sovereignty enshrined in the Tenthth Amendment, which reads, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” By encroaching on the right of states to self-govern and imposing one-size-fits-all policies not germane to the Constitution, an activist federal judiciary only divides and sows discord among our citizens. I believe Brett Kavanaugh is an excellent pick for a myriad of reasons, chief among them is that he recognizes the proper role of the judiciary in our system of limited and separated government powers. The judiciary is supposed to remain independent from the other branches of government and possess, as Alexander Hamilton wrote in the Federalist Papers, “neither force nor will but merely judgement.” Judge Kavanaugh knows, as the late Antonin Scalia did, that the court’s job is to apply the Constitution, not to write it. Like Justice Scalia, Brett Kavanaugh will interpret the Constitution as written and protect its original meaning, not invent meaning that is not there. In addition to his sound jurisprudence and impeccable credentials, I can testify to Brett Kavanaugh’s character. I had the pleasure of serving with Judge Kavanaugh and his wife, Ashley, a fellow West Texan, during my time working for President George W. Bush. I know Brett means it when he says he “reveres the Constitution,” and that his loyalty as a Supreme Court Justice will lie with our Constitution, and our Constitution alone. As Americans, we believe there is a sacredness to the Constitution. It is the very framework for our governance and the foundation of our democracy. It seeks to prevent abuses of power by the government, guarantees equal justice for every American, and secures the freedoms necessary for us to pursue happiness. Our independent judiciary plays a vital role in preserving these freedoms, the freedoms secured by our founders and guarded by every generation since. Brett Kavanaugh has devoted his life’s work to public service and his career as a judge to the Constitution. I am confident that, if confirmed, the decisions he makes will be in keeping with the Constitution, to “secure the Blessings of Liberty to ourselves and our Posterity.”

http://www.lubbockonline.com/opinion/20180909/arrington-kavanaugh-is-excellent-pick-for-us-supreme-court