Along with the many other reasons for opposing his nomination to the Supreme Court is Kavanaugh’s record on climate and the environment. His nomination has the potential to lock the Supreme Court into a conservative majority on these issues for decades. California’s senators are already on record opposing the nomination, but this is the fight of a generation, and we need your help to do the following:
Action: Ask your friends, family and social media contacts in the following states to call their senators to oppose Kavanaugh’s nomination. (Please DO NOT CALL SENATORS FROM OTHER STATES, yourself; it is counter-productive, as explained here.) Callers can click on a senator’s name, below, to display a page with phone numbers.
- Alaska - Republican Lisa Murkowski
- Indiana - Democrat Joe Donnelly (his state voted for Trump)
- Maine - Republican Susan Collins
- North Dakota - Democrat Heidi Heitkamp (her state voted for Trump)
- West Virginia - Democrat Joe Manchin (his state voted for Trump)
Suggested Talking Points - These talking points may be modified to reflect what is most important to the caller and influential to her or his senator. A link in the “Background” section provides more information. **
Please tell me how Senator ___ plans to vote on the Brett Kavanaugh nomination. Confirming him to the Supreme Court would put the environment, climate action, a woman’s right to choose, health care, and LGBTQ rights for thousands of people in our state at risk. His opinions on the power of the presidency show that he cannot be counted on to hold president Trump accountable, and he will not put the public’s interests above corporate interests. His record is clear: He’s considered one of the most anti-environment judges in America, he’s ruled to dismantle net neutrality, sabotage the Affordable Care Act, and block women from having abortions. Trump nominated him because he was confident Kavanaugh would strike down the Affordable Care Act, overturn a woman’s right to choose, harm LGBTQ rights and refrain from holding the president accountable. Nothing in Judge Kavanaugh’s record demonstrates otherwise. Please take my name and phone number so you can let me know how the senator will vote. It is very important to me that he/she opposes this extreme nominee.
Background This background focuses on climate and the environment because it was prepared by our Science & Environment Team. Information on additional reasons to oppose Kavanaugh is linked at the end.
Kavanaugh is much further right than Justice Kennedy. He narrowly interprets the laws that authorize EPA (and other agencies) to establish protections, and he most often rules to limit government agencies’ authorities to protect the public. In more than a dozen cases, he has expressed skepticism of safeguards and consistently ruled against EPA’s actions to limit pollution and address climate change.
Before the next presidential election, the Supreme Court could rule on the EPA’s authority to fight climate change, the scope of the Clean Water Act, and the constitutionality of the Endangered Species Act. Kavanaugh has already expressed skepticism about whether EPA has the authority to regulate greenhouse gases. The Court could overturn the endangerment finding that has allowed EPA to set standards to limit those emissions.
In prior decisions or dissents he has weighed costs of protections over the health benefits, even when the authorizing law does not require it.
Since a 1984 Supreme Court decision, the Court has granted agencies like EPA “deference” to use their expertise to establish protections under certain conditions, including demonstrating the reasonableness of those protections. Judge Kavanaugh would join Gorsuch and the other conservative judges to eliminate this deference to agency science experts. A change in deference would have far-reaching effects on protections, putting the Court in charge of interpreting law in areas outside their expertise and tying up agency action with almost routine court cases to review those actions.
Kavanaugh won’t protect the environment, and he won’t protect the following (for more info click here).
- Our democracy, by holding Trump accountable for threats posed to our electoral system
- Consumers, by reigning in corporate and privacy abuse
- A woman’s right to choose
- Affordable health care
- LGBTQ equality