NRB Declares ‘Generational Opportunity’ in Kavanaugh Nomination

Baseball fans are eager for the MLB All-Star game in Washington next week, but, in Monday’s nomination of Judge Brett Kavanaugh to the United States Supreme Court, President Donald Trump named his own “all-star,” according to Dr. Jerry A. Johnson, president and CEO of National Religious Broadcasters.

“With outstanding credentials and a track record that reveals a judicial philosophy honoring the U.S. Constitution, including fundamental freedoms of speech and religion, Judge Kavanaugh should sail through the Senate on the basis of merit,” said Johnson.

Kavanaugh currently serves on the U.S. Court of Appeals for the D.C. Circuit, where he has authored more than 300 opinions. He served in the administration of President George W. Bush in high level counsel positions, as well as staff secretary. The Yale Law School graduate also clerked for retiring U.S. Supreme Court Justice Anthony Kennedy.

In announcing his selection of Judge Kavanaugh, President Trump said, “The Supreme Court is entrusted with the safeguarding of the crown jewel of our Republic, the Constitution of the United States…. What matters is not a judge’s political views, but whether they can set aside those views to do what the law and the Constitution require.  I am pleased to say that I have found, without doubt, such a person.”

Regarding one bedrock liberty in the Constitution, Kavanaugh has proved to be a friend of religious freedom and conscience protection not only during his time on the federal bench, but also while he was in private practice. He served as Chairman of the Federalist Society’s Religious Liberty Practice Group and authored pro bono legal briefs siding with religious groups in Santa Fe Independent School District v. Doe (student-initiated prayer at high school football games) and in Good News Club v. Milford Central School (equal treatment of religious clubs in after-school use of public facilities).

Kavanaugh is also no stranger to electronic media matters given his post on the D.C. Circuit for 12 years. Last year, Kavanaugh authored the circuit’s ruling in Multicultural Media v. FCC siding with the agency against those who were seeking to immediately impose new emergency alert obligations on broadcasters. In addition, he famously dissented when his colleagues took a pass on hearing a challenge to the FCC’s 2015 “net neutrality” order because he believed the FCC had exceeded its authority and also violated the First Amendment.

NRB’s Johnson pointed to recent significant razor-thin majority rulings by the high court, and said, “We must have Supreme Court justices who honor the values of life and liberty at the very core of our Republic.”

Johnson called this newest nomination “a generational opportunity to ensure a strong majority of justices who will stay true to the Constitution and be respectful of the proper role of the judiciary as the interpreter, rather than maker, of the law.”

By Aaron Mercer, Vice President of Government Relation

Published: July 13, 2018

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