An analysis of Kavanaugh’s 12-year record on the U.S. Court of Appeals for the D.C. Circuit finds that he has consistently ruled against measures to protect species. In the 18 significant, species-related suits that have come before Kavanaugh, he’s decided against protections in 17― or about 95 percent of the time. Â
This analysis comes from William Snape, an assistant dean at American University’s Washington College of Law and senior counsel with the nonprofit Center for Biological Diversity (CBD). The group is supporting the U.S. Fish and Wildlife Service in an Endangered Species Act case set to go before the Supreme Court this October, one that advocates say could have a lasting impact on species protections.
In Weyerhaeuser v. U.S. Fish and Wildlife Service, the world’s largest timber company is challenging a federal decision to designate 1,544 acres of land in Louisiana as critical habitat for the dusky gopher frog, of which only 100 or so are left in the wild. Recently-retired Justice Anthony Kennedy was a centrist whose swing vote sometimes landed environmental cases like Weyerhaeuser in favor of protection. But Kavanaugh’s confirmation to the court would give it an even stronger 5-4 pro-business majority, dramatically stacking the odds against species in future decisions.
In writing the Endangered Species Act as it did in 1973, Congress largely deferred to the expertise of the Interior Department in protecting endangered species, said Snape. But Kavanaugh’s past decisions have tended to ignore that, particularly in cases that affect how private land can be developed.
Snape argues that such judgements are in line with Kavanaugh’s arch-conservative political beliefs, which prioritize property rights above all else.
“I would say that it’s a hostility towards public interest science and the notion that there actually are any limits to economic growth,” said Snape. “He just never ― almost never ― disagrees with those corporate legal arguments.”
Kavanaugh’s past votes display a “striking pattern of deciding against the interest of the species,” said Sarah Krakoff, a law professor at the University of Colorado Boulder. “There is no pattern of either deferring or not deferring to the government,” added Krakoff. “The pattern really is that whoever is asking for more protection for the species loses.”
ACTION ALERT: Our rights and our lives are on the line – call your Senators!
September 6, 2018
Yesterday, Judge Kavanaugh was asked whether he would uphold the part of the Affordable Care Act that protects people with pre-existing conditions—and he refused to answer. For people with disabilities, these protections are a life-and-death issue. With our lives on the line, we refuse to take a gamble on Kavanaugh. Your Senators need to know that you will hold them accountable – call today, and keep calling!
During this week’s hearings, Kavanaugh has attempted to avoid answering for his past positions. He claimed that he, as a Justice, should have no ideology. We’re not buying it.
Kavanaugh’s belief that people with intellectual disabilities do not have a right to make their own medical decisions reflects an ideology that is discriminatory and dangerous.
Kavanaugh does not want to talk about what will happen if he becomes a Supreme Court Justice, because he knows his ideology stands to harm the 1 in 4 Americans with a disability.
My name is [your full name] . I’m a constituent of Senator [Name] , and I live in [your town] . I’m calling to ask the Senator to vote NOT to confirm Judge Kavanaugh. Judge Kavanaugh would undermine the Affordable Care Act, and he is a danger to the rights of people with disabilities. In 2007, he ruled that people with intellectual disabilities don’t have a right to a say in our health care. He sided with the DC government, which had forced people to have abortions they didn’t want. People with disabilities like [me/ my family member/ my friends] have a right to health care, and we have a right to make our own choices about what happens to our bodies. Please keep this dangerous man off the Supreme Court.
If you have trouble making phone calls or use AAC, our factsheet gives you strategies you can use to call your Senators. If you want more information about Judge Kavanaugh, including a plain language explainer, check out this resource page.
After you’ve called, there is more you can do to keep Kavanaugh off the Supreme Court:
Visit your Senators’ state offices, and let their staff know how Kavanaugh’s confirmation would affect you. This kind of face-to-face meeting really makes a difference. You can find lists of your Senators’ state offices on their websites.
Email or fax your Senators. You can use the same script you did while calling.
If the Senate votes to confirm Judge Kavanaugh, he will be appointed to the Supreme Court FOR LIFE. His decisions would affect our lives for decades to come. The stakes in this nomination fight couldn’t be higher—so we can’t back down. We must stand up for our rights, our lives, our health care, and our choices. Make your voice heard: call your Senators and tell them to vote NO on Kavanaugh!
Some of the many gorgeous butterflies I saw last week at the Natural History Museum’s “Sensational Butterflies” exhibit. This year’s show ends on 16th September 2018 and is well worth a visit if you’re in London and like magical fluttery things!
so apparently when my sister and i were little we took golfing classes and we got kicked out after a week. the reason being that the old white male instructor kept calling my 4 year old sister Maria “Mary” after she told him several times that her name is pronounced Maria. anyway, at one point, he tells her “well, that doesn’t matter anymore. you’re in America now.” and that distressed my sister so much that she hit him with her golf club.
that’s not what did the damage, though. what fucked that old dude up is that i saw my sister hit him from where i was standing and i ran over and started beating him with MY golf club. my mom says that i didn’t know what the hell was happening, but i squared up.
that’s why we got kicked out.
I support your unconditional readiness to throw hands for your sister
You must be logged in to post a comment.