Defend UU Values: Oppose Kavanaugh Nomination

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UU Values at Risk with Kavanaugh Nomination – UUSJ Capitol Hill Advocacy Day Sept. 11, 2018

Contemplation of Justice

Two statues flank the front of the US Supreme Court. On the left is a female figure, the Contemplation of Justice. On the right is a male figure, the Guardian or Authority of Law. Together they present the role the Supreme Court plays as the final arbiter of justice under the law and guardian of Constitutional liberties.

President Trump’s nomination of Judge Brett Kavanaugh to the Supreme Court presents serious concerns and threats to fundamental rights. Of particular concern:

– Eliminating or undermining reproductive choice and access to reproductive health service and contraception. 

– Undermining the Affordable Health Care Act and protection of preexisting conditions.

– Blurring the lines of separation of church and state especially in schools. 

On September 4, the Senate Judiciary Committee began its hearing to consider Judge Kavanaugh’s confirmation to the US Supreme Court – despite the fact that his full record has still not been released. Every day new information is forthcoming about his position. Based on available information we call for opposing the nomination of Judge Kavanaugh.

Contact Your US Senators Now

Page Contents (click on a title to go to that section):

Action Needed NOW: What You Can Do

Summary: Details below. Contact your Senators.  Click here to see how your Senators plan to vote.

Based on his available record, urge Senators to reject Judge Kavanaugh’s nomination to the Supreme Court. Check for your Senators position then choose an issue that you are concerned about, call, then write, email or call your Senators and speak from your heart. Even if your Senators oppose the nomination, they need to hear from constituents and want to know about what issues you are most concerned about. They need to know we are paying attention! 

  • Email or call your Senators now. Call the US Capitol Switchboard: 202-224-3121 or use the AAUW hotline: 855-973-0824. Adapt the message below for calls or emails.
  •  Write your Senators. Organize a Write Here! Write Now! letter-writing table on Sunday, September 9 in your congregation. Letters will be delivered to Capitol Hill offices in Washington, DC on September 11. Scan and email letters to advocacy@uusj.org by Monday, September 10 by noon ET. 
  • Contact family and friends especially in key states. See lists below.
  • Use social media to spread the word.

1 – Contact your U.S. Senators – call and email now 

Be sure to identify yourself as a constituent. Share any personal stories about what’s at stake for you – health care coverage for preexisting conditions, access to reproductive health services and separation of church and state, etc. Following is a suggested message for phone or email – adapt for your personal message:

Hello, my name is [your name]. I’m a constituent from [city, state]. [optional]: I am a Unitarian Universalist from [name of congregation and location].

I urge Senator [name] to oppose the nomination of Judge Brett Kavanaugh to the Supreme Court. 

Judge Kavanaugh’s available record shows that he lacks the fair-mindedness necessary to serve a lifetime Supreme Court appointment. I’m concerned because… 

[Insert your position or concern here.

Or pick ONE or more of the following]

  • He has criticized the Affordable Care Act and made it clear he is not committed to protecting access to healthcare for women and people with preexisting conditions. 
  • Roe v. Wade is at risk. We need to protect a women’s right to access abortion and will not overturn Roe v. Wade – as the President promised he would do with his Supreme Court appointments. 
  • He has blurred the lines between church and state in public education and has argued for the permissibility of public school prayer and use of public funds for religious activities. 
  • He feels presidents are above the law because he has expressed the opinion that sitting presidents should not be ‘distracted’ by lawsuits.

We need a nominee who will protect civil and human rights for all, and one who will make legal judgments that create a more just America. 

[If your Senator(s) already opposes the nomination, say thank you, and urge the Senator(s) to speak up publicly and talk to undecided colleagues about the nomination.]

Thank you,

[for email or letters include your FULL NAME AND ADDRESS]

U.S. Capitol Switchboard: (202) 224-3121

To find e-mail addresses and other contact information for your members of Congress, visit these Congressional websites:

2 – Ask your friends and family members to contact their Senators, too.

Send them the link to this page – https://bit.ly/2PCqqWD

The votes of senators in Alabama, Alaska, Indiana, Maine, Missouri, Nevada, North Dakota, and West Virginia are especially important. All Senators need to hear our concerns! 

These Republican Senators are on the Judiciary Committee, which is responsible for public hearings on the nomination and providing a recommendation for a vote of the full Senate.

  • Iowa – Grassley (Chair) (202) 224-3744
  • Utah – Hatch (202) 224-5251
  • South Carolina – Graham (202) 224-5972
  • Cornyn (202) 224-2934
  • Utah – Lee (202) 224-5444
  • Texas – Cruz (202) 224-5922
  • Arizona – Flake (202) 224-4521
  • Louisiana – Kennedy (202) 224-4623
  • Nebraska – Sasse (202) 224-4224
  • North Carolina – Tillis (202) 224-6342
  • Idaho – Crapo (202) 224-6142

3 – Spread the word – Post messages to social media (Facebook, Twitter, etc.).

Post links to this page –https://bit.ly/2PCqqWD

Tweet your Senators  (click here to find Twitter handles). Here’s a sample Tweet:

.@(Senator’s Twitter Handle)  Kavanaugh is wrong for the Supreme Court. He is wrong for America.  #SaveSCOTUS #StopKavanaugh

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What You Should Know

– For more information, see the UUSJ sample Write Here! Write Now! letter-writing message to members of Congress and talking points.

– Click HERE to see where your Senators stand on the confirmation of Kavanaugh.

– The appointment of a Supreme Court justice requires a simple majority confirmation vote of the Senate. Kavanaugh’s confirmation is expected to reshape the Court for a generation.

Issues of Concern:

Critical civil and human rights issues that UUs value are at risk, including access to health care for millions of Americans, the ability of women to control their own bodies, voting rights, labor rights, economic security, rights of immigrants and persons with disabilities, LGBTQ equality, equal opportunity and affirmative action, environmental protections, gun control and safety, and whether the judiciary will serve as a constitutional check on the president. Here are just a few that we are focusing on at this time:

– Reproductive Choice: President Trump has pledged to only nominate justices who he said would “automatically” overturn Roe v. Wade. Judge Kavanaugh’s available record shows he meets that test. He has a dangerous track record of pushing an extreme view of the law that would tip the balance of the Supreme Court against our basic freedoms.

Based on the available record it is clear that Judge Kavanaugh, as he has stated, is “outside the mainstream.” Nearly 70 percent of Americans believe that Roe v. Wade should be upheld and that our constitutional right to abortion should be protected in this country. Kavanaugh’s nomination to the Supreme Court would put that right gravely at risk.

– Access to affordable and quality health care: Judge Kavanaugh is on the record in criticizing the Affordable Care Act, making clear that he is not committed to protecting access to healthcare for women and those with preexisting conditions.

– Separation of church and state especially in schools: He has blurred the lines between church and state in public education and has argued for the permissibility of public school prayer (for example in Santa Fe Independent School District v. Doe) and use of public funds for religious activities. 

– Presidents and lawsuits: At a time when legal challenges to the president are being actively discussed, it would be disastrous for our democracy to believe that Judge Kavanaugh was chosen because of his strongly-expressed opinion that sitting presidents should not be ‘distracted’ by civil lawsuits or criminal investigations while in office. Therefore, many believe Judge Kavanaugh should recuse himself from cases that could come before the Court directly involving the president and his close associates.

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Our UU Spiritual Grounding

Reproductive Justice & Access to Contraception: Our First Principle calls for the inherent worth and dignity of all people. Our 2015 Statement of Conscious on Reproductive Justice calls us to “Advocate for comprehensive reproductive health services, including contraception, prenatal care, abortion, and infertility treatment.” President Trump has pledged to only nominate justices who he said would “automatically” overturn Roe v. Wade and Judge Kavanaugh’s available record shows he meets that test. Kavanaugh’s record provides serious concern for safeguarding women’s right to reproductive choice, access to reproductive services and contraception. We have a duty to speak up on this issue, as most faith organizations do not. 

Health Care: The 2017 Statement of Conscience on Escalating Economic Inequity addresses access to affordable, quality health care, including coverage of pre-existing conditions. Going back to the 1960’s UUs have taken positions on universal health care for all.

Religious Freedom: The UUA and UUSJ have taken positions to maintain the separation of church and state, which includes opposing public funding of private schools, opposing prayer in schools, and keeping the Johnson Amendment (prohibits all 501(c)(3) non-profit organizations, including churches, from endorsing or opposing political candidates). Kavanaugh’s record shows he would chip away at the wall of separation. He has argued for the permissibility of public school prayer and use of public funds for religious activities. We need a Court that will protect the right of parents and students to attend public school without being coerced to participate in religious activities or be proselytized at school events.

In his August 30 opinion piece in the Providence Journal, UU minister Rev. David L. Helfer speaks to the nomination of Brett Kavanaugh to the Supreme Court as a threat to the separation of church and state, and at odds with the fundamental principles of religious freedom.

And maybe most frightening, Kavanaugh appears receptive to those who would distort religious freedom as an excuse to harm others, especially women, LGBTQ people, and religious minorities. In Priests for Life v. HHS, Kavanaugh ruled in favor of allowing Catholic priests to deny their employees health care plans that include contraception, as required under Obamacare.

That position was out of line with the opinions of eight out of nine federal appeals courts who heard cases on this issue. It was also at odds with our legacy of religious freedom. Religious freedom means the right to believe, or not, as you see fit, but it has never meant the right to use your religion as an excuse to discriminate against other people.

As a faith leader and a Unitarian Universalist minister, I see my communities as among those most threatened by Kavanaugh. Unitarian Universalists welcome people of all religious backgrounds, and none, and we encourage people to follow their individual freedom of conscience — just like our country. Faith leaders are called to use our moral platform to speak truth to power, serve our communities, and seek social justice. We can’t do that if we are another arm of the government.

Gun Violence:  The UUA has taken positions and passed general resolutions on gun safety and violence in 1972, 1976, and 1991. And in 2005 a Statement of Conscience on Criminal Justice and Prison Reform, called on UUs to work for:

  • Legislation that strengthens gun control, ends the so-called “War on Drugs,” disallows mandatory minimum sentencing, provides for fair, equitable, anti-racist sentencing , and abolishes the death penalty.

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Resources and Relevant News Media Coverage Links