The following article by Connor Maxwell was posted on the Center for American Progress website August 9, 2018:
This week marked the 53rd anniversary of the Voting Rights Act (VRA). In the years since the VRA’s enactment, however, its protections have not gone unchallenged. In a 2013 decision in Shelby v. Holder, a conservative majority on the U.S. Supreme Court gutted Section 5 of the VRA, a provision that prevented certain jurisdictions from unilaterally manipulating their voting policies and procedures. This ruling allowed legislators to enact discriminatory laws that make voting more difficult for both people of color and low-income Americans. With the retirement of Supreme Court Justice Anthony Kennedy this past July, it is essential that the Senate demand a fair, independent nominee who will defend the fundamental rights of Americans.
Brett M. Kavanaugh is not that nominee. Throughout his career, he has demonstrated a willingness to turn a blind eye to voter suppression and racial discrimination. If Kavanaugh is confirmed, Americans will almost certainly face further erosion of their voting rights.
Kavanaugh’s record shows a willingness to diminish the voices of marginalized groups
As counsel of record for Kirkland and Ellis in 1999, Kavanaugh defended efforts to strip away the rights of Native Hawaiians in choosing the state official responsible for protecting the rights and culture of Hawaii’s indigenous peoples. Kavanaugh argued that giving this choice to Native Hawaiians, instead of all Hawaiian voters, constituted racial separatism rather than an effort to support a community that suffered historic injusticesat the hands of the U.S. government. This demonstrates not only his ignorance of the systems that perpetuate inequality but also his willingness to diminish the voices of marginalized groups for political gain. In the wake of the case, Kavanaugh criticized the Clinton administration in The Wall Street Journal for its support of voting rights for Native Hawaiians. After the election of President George W. Bush, Kavanaugh was hired as an associate by the White House counsel, Alberto Gonzalez. Later, he was nominated to serve on the U.S. Court of Appeals for District of Columbia Circuit.