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Kavanaugh: You Can Count on Me to Be 'Open-Minded,' 'Independent' Supreme Court Justice

Brett Kavanaugh
Brett Kavanaugh / Getty Images
October 5, 2018

Supreme Court justice nominee Brett Kavanaugh on Thursday defended his judicial record against the media and Senate Democrats saying he doesn't have the temperament to be confirmed, saying he will be an "open-minded" and "independent" judge.

Kavanaugh penned an op-ed titled, "I Am an Independent, Impartial Judge" in the Wall Street Journal, where he reflected on the night President Donald Trump nominated him for the Supreme Court and how he will be "hardworking, even-keeled, open-minded, independent and dedicated to the Constitution and the public good."

Last Thursday, Kavanaugh testified before the Senate Judiciary Committee in response to an allegation from Christine Blasey Ford, a professor of psychology at Palo Alto University in California, who accused Kavanaugh of drunkenly pinning her to a bed, groping her, and trying to stifle her screams at a high school party in the early 1980s. Kavanaugh has vehemently denied the allegations, but some critics argued his emotional testimony cast doubt on the veracity of his judicial temperament.

"I was deeply honored to stand at the White House July 9 with my wife, Ashley, and my daughters, Margaret and Liza, to accept President Trump’s nomination to succeed my former boss and mentor, Justice Anthony Kennedy, on the Supreme Court," Kavanaugh wrote. "My mom, Martha—one of the first women to serve as a Maryland prosecutor and trial judge, and my inspiration to become a lawyer—sat in the audience with my dad, Ed."

He went on to reflect on his 28-year legal career, including 12 years as a judge on the U.S. Court of Appeals for the District of Columbia Circuit and five years working in the George W. Bush administration.

"As I explained that night, a good judge must be an umpire—a neutral and impartial arbiter who favors no political party, litigant or policy. As Justice Kennedy has stated, judges do not make decisions to reach a preferred result. Judges make decisions because the law and the Constitution compel the result," Kavanaugh wrote.

Kavanaugh also discussed the confirmation process, where he said he met with 65 senators to explain his approach to law and participated in more than 30 hours of hearings before the Senate Judiciary Committee. He said that he also submitted written answers to nearly 1,300 additional questions, saying he was "grateful for the opportunity."

He addressed the multiple sexual misconduct allegations against him, saying they were "wrongfully" waged and as a result, have negatively impacted his family and distorted his high school and college years.

"Against that backdrop, I testified before the Judiciary Committee last Thursday to defend my family, my good name and my lifetime of public service. My hearing testimony was forceful and passionate. That is because I forcefully and passionately denied the allegation against me," Kavanaugh wrote. "At times, my testimony—both in my opening statement and in response to questions—reflected my overwhelming frustration at being wrongly accused, without corroboration, of horrible conduct completely contrary to my record and character."

"My statement and answers also reflected my deep distress at the unfairness of how this allegation has been handled," he added.

Kavanaugh said he "might have been too emotional at times" during his testimony and acknowledged his tone was "sharp," but he said that he hopes the public can understand he was "there as a son, husband and dad." He said his parents, wife, and daughters were foremost on his mind during the hearing.

"Going forward, you can count on me to be the same kind of judge and person I have been for my entire 28-year legal career: hardworking, even-keeled, open-minded, independent and dedicated to the Constitution and the public good," Kavanaugh said. "As a judge, I have always treated colleagues and litigants with the utmost respect."