Just as the entire confirmation process for Judge Brett Kavanaugh has, very arguably, become, not a search for the truth about serious sexual misconduct allegations that have been made against him, but an exercise in raw political power


the more one looks into Kavamaugh's judicial history, the greater the reasons for concern about whether he would be anything more than a Supreme Court rubber stamp for expanded presidential power at the expense of basic human rights and constitutional protections, especially for immigrants.

While the nation was focused this past weekend on the issue of whether the FBI would be given real power to investigate the serious sexual misconduct charges against Kavanaugh, or whether it would be as much of a sham as Kavanaugh's supporters tried to make the Senate committee hearing, Common Dreams reported (on September 30) about yet another horrific action by the Trump administration against thousands of detained immigrant children. According to the report:

"With detention facilities overflowing due to President Donald Trump's monstrous immigration policies - which have sent the number of children detained by the US government soaring to a record 12,000 - the Trump administration is reportedly carrying out dead-of-night "mass transfers" of children from foster homes and shelters to a crowded Texas tent camp, where they have no schooling and limited access to legal services."


This makes it even more important to look carefully at Judge Kavanaugh's record regarding the rights of minorities, including immigrants, and his views on the extent of presidential power. Liz Hayes of Americans United has done this from the point of view of freedom of religion - something which the Supreme Court trashed in the Trump v. Hawaii Muslim ban decision, even though both Roberts and Kennedy gave extensive, but basically pointless, lip service to this Constitutional guarantee in their opinions. For the Hayes (August 15) article, entitled:

What's At Stake With Brett Kavanaugh On The U. S. Supreme Court? Religious Minorities & Immigrants' Rights



Also, University of Texas law professor Stephen I. Vladeck writes about Kavanaugh's record of disregarding the basic constitutional rights of non-US citizens held at Guantanamo in his July 11 Washington Post article:

One huge difference between Kavanaugh and Kennedy: Their Guantanamo records

(Available through Google - I do not have a link.)

In view of Trump's presidential campaign statement that certain US citizens, not only foreign citizens battlefield opponents, should be sent to Guantanamo, Kavanaugh's views on whether prisoners there have any constitutional rights at all, are extremely important - and alarming, even though they have received little or no attnetion to date.

I will discuss the issues of Kavanaugh's views on freedom of religion and the rights of Guantanamo detainees as they might affect immigrants in general in more detail in a forthcoming post.

Roger Algase
Attorney at Law