Statement on the Nomination of Judge Brett Kavanaugh to the Supreme Court
Dena Robinson, a smiling, brown-skinned woman with short braided hair
Dena Robinson

From Dena Robinson, J.D., If/When/How Board President: 

Tonight, President Trump announced his nomination for Justice Anthony Kennedy’s seat on the Supreme Court: Judge Brett Kavanaugh, who sits on the U.S. Court of Appeals for the D.C. Circuit. We are troubled, to say the least.

We have grave concerns about the role Judge Kavanaugh could play on the Supreme Court if confirmed by Congress. We know that Judge Kavanaugh sought to deny a young immigrant woman, “Jane Doe,” access to abortion care through his dissent in the Garza case. We also know that Judge Kavanaugh views the role of the President of the United States as one that is in many ways above the law, and that he believes criminal prosecutions of the President interfere with the work of the executive office. Given the pending investigation against President Trump, his decision to appoint Kavanaugh is deeply disturbing.

Of course, we understand that the law itself is neither as intersectional and anti-racist as we need it to be, whoever sits on the Supreme Court. That’s why tonight, If/When/How reiterates that we stand firmly with women, the queer and trans community, communities of color, immigrant families, and other marginalized populations who are particularly at risk when basic questions of civil rights and indeed, even basic humanity, are left to regressive courts.

Because of this, we know that reproductive justice doesn’t just happen, and we work daily to fight for a world that is better for all of us. While we know that Kavanaugh’s nomination is a setback that could make it more difficult to bring and win claims related to racial justice, reproductive justice, and a slew of other pressing civil rights issues, we are hopeful. We find hope knowing that reproductive justice, racial justice, and immigrant justice activists, lawyers, and organizers are using an intersectional, anti-racist lens to fight the systemic injustices that we know too well. We find hope in knowing that the journey to freedom is through, and we will get to freedom and liberation.