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ACTION ALERT

Stop another supporter of public school prayer from being appointed to the federal bench for life

Update: The Senate confirmed the nomination of Brett Kavanaugh on May 26 by a vote of 57-36 (7 Senators did not vote). You can see how your Senators voted here.

May 16, 2006 - Brett Kavanaugh was nominated for the U.S. Court of Appeals for the D.C. Circuit in July 2003. On Thursday, May 11, 2006 he was approved by the Senate Judiciary Committee in a 10-8 party-line vote. Kavanaugh was questioned extensively Tuesday, May 9 at a rare second confirmation hearing in which Democrats said he lacks the courtroom experience and temperament to be a federal appeals court judge.

Kavanaugh’s legal resume is thin. Of the 22 judges appointed to the D.C. Circuit since the Nixon administration, only one -­ his mentor Kenneth Starr -­ had less legal experience at the time of his appointment than Kavanaugh. Based on followup interviews revealing concerns about Kavanaugh's courtroom experience and temperament, the American Bar Association downgraded his rating from "well qualified" to "qualified."

Even with his thin legal resume, Kavanaugh has clearly demonstrated that he is no friend to the concept of separation of church and state. In 1999, he authored an amicus brief on behalf of members of Congress that was submitted to the Supreme Court in the case of Santa Fe Independent School District v. Doe. In his brief, Kavanaugh argued that student-led prayers over the school loudspeaker at public school football games were protected as free speech under the First Amendment and did not infringe on other students' rights under the Establishment Clause. Fortunately, the Supreme Court in a 6-3 decision rejected Kavanaugh's claim and found that the prayer was both a "perceived and actual endorsement of religion."

If given the opportunity to implement his views from a federal bench, the rights of our public school children to be free from religious coercion and school-sponsored endorsement of religion will be in jeopardy.

Take a Stand: The Senate is expected to vote on the Kavanaugh nomination within the next two weeks. Urge your Senators to vote against Brett Kavanaugh because his views appear to be completely out of sync with accepted judicial precedent regarding the separation of church and state.

You can contact your Senators through their websites or through the Legislator/Media Lookup by Zip Code.