Supreme Court nominee Brett Kavanaugh told senators Tuesday he would keep an open mind in cases that come before the court and work to preserve the Constitution and the rule of law, in his first set of remarks to the Senate Judiciary Committee on Tuesday.
“The Supreme Court must never be viewed as a partisan institution,” Kavanaugh said. “The justices on the Supreme Court do not sit on opposite sides of an aisle. They do not caucus in separate rooms. If confirmed to the Court, I would be part of a Team of Nine, committed to deciding cases according to the Constitution and laws of the United States. I would always strive to be a team player on the Team of Nine.”
[Brett Kavanaugh: ‘I am a pro-law judge’]
Kavanaugh was sworn in and delivered his opening remarks to the committee seven hours after his confirmation hearing convened Tuesday morning. The first hour of the proceeding, however, was mired in chaos, after the panel’s Democrats called for it to be postponed and more than a dozen protesters interrupted senators’ remarks.
If confirmed, Kavanaugh will replace Justice Anthony Kennedy on the Supreme Court. While Kennedy served as the court’s swing vote for more than a decade, the ideological bent of the court would decisively shift to the right if the Senate approves Kavanaugh’s nomination.
The high stakes of Kavanaugh’s nomination has led to a fiery confirmation battle, with many Democratic senators raising alarms about the future of abortion rights, healthcare, LGBT rights, and other issues that could wind up before the Supreme Court if Kavanaguh is confirmed.
[Opinion: Dianne Feinstein admits Democratic opposition to Brett Kavanaugh is all about abortion]
But in his opening remarks, Kavanaugh sought to ease any concerns his detractors might have, vowing to keep an open mind.
“I am an optimist. I live on the sunrise side of the mountain, not the sunset side of the mountain. I see the day that is coming, not the day that is gone. I am optimistic about the future of America and the future of our independent Judiciary,” he said. “I revere the Constitution. If confirmed to the Supreme Court, I will keep an open mind in every case. I will do equal right to the poor and to the rich. I will always strive to preserve the Constitution of the United States and the American rule of law.”
Kavanaugh, who clerked for Kennedy on the Supreme Court, also praised his former boss and his legacy on the court, calling Kennedy one of the “most consequential justices in American history.”
“As Justice Kennedy showed us, a judge must be independent, not swayed by public pressure,” Kavanaugh said. “Our independent judiciary is the crown jewel of our constitutional republic. In our independent judiciary, the Supreme Court is the last line of defense for the separation of powers, and the rights and liberties guaranteed by the Constitution.”
The Supreme Court hopeful outlined his judicial philosophy for committee members, saying a good judge serves as an “umpire — a neutral and impartial arbiter who favors no litigant or policy.”
“My judicial philosophy is straightforward,” he said. “A judge must be independent and must interpret the law, not make the law. A judge must interpret statutes as written. A judge must interpret the Constitution as written, informed by history and tradition and precedent.”
Kavanaugh closed his remarks by honoring his parents, wife and two daughters, who were all in attendance Tuesday. Kavanaugh praised his mother, describing her as a “trailblazer” who became a prosecutor and introduced her son to the law at the dinner table, and his father, who he shared a love of sports with and lauded for his “unparalleled work ethic.”
But he also spoke about his experience coaching his daughters’ basketball team and thanked each of the sixth graders on his championship team this year.
“Title Nine helped make girls’ and women’s sports equal, and I see that law’s legacy every night when I walk into my house as my daughters are getting back from lacrosse, or basketball, or hockey practice,” he said. “I know from my own life that those who teach and coach America’s youth are among the most influential people in our country. With a kind word here and a hint of encouragement there, a word of discipline delivered in a spirit of love, teachers and coaches change lives.”
Kavanaugh also gave a special nod to Justice Elena Kagan, who hired him at Harvard Law School and who he would serve alongside if he is confirmed.
The first day of Kavanaugh’s confirmation hearing kicked off Tuesday and is expected to last four days. He will take questions from senators Wednesday and Thursday, and witnesses for Republicans and Democrats will appear before the panel Friday.
