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AG Derek Schmidt urges U.S. Senate to confirm Kavanaugh to Supreme Court

Release Date: Jul 12, 2018

TOPEKA – (July 12, 2018) – Kansas Attorney General Derek Schmidt today urged the U.S. Senate to confirm Judge Brett Kavanaugh to the U.S. Supreme Court.

In a letter to Senate Majority Leader Mitch McConnell, Minority Leader Charles Schumer, Judiciary Committee Chairman Chuck Grassley and Ranking Member Diane Feinstein, Schmidt and the attorneys general of 25 other states applauded President Trump’s nomination of Judge Kavanaugh and asked the Senate to consider and confirm his nomination without delay.

“Confirmation of Judge Kavanaugh to the Supreme Court will have profound and long-lasting consequences for the people in our States,” the attorneys general wrote. “For too long we have suffered the ill effects of federal overreach as all three branches have at times exceeded the constitutional limits on their authority. Judge Kavanaugh will help reverse that trend by reviewing challenged laws and regulations with an eye to ensuring that all branches of our government act within their constitutionally assigned roles — regardless of which party is in power.”

Kavanaugh, currently serving as a judge of the U.S. Court of Appeals for the District of Columbia Circuit, was nominated this week by President Trump to fill the vacant seat on the U.S. Supreme Court caused by the retirement of Justice Anthony Kennedy.

Schmidt noted that during Kavanaugh’s tenure on the Court of Appeals, he has ruled favorably on cases directly involving Kansas. For example, his 2014 dissent in a related case became the basis for the U.S. Supreme Court’s majority decision in Michigan v. EPA, which upheld the Kansas position that EPA must meaningfully consider the financial cost of complying with its regulations. And his dissent in PHH Corp. v. CFPB earlier this year agreed with the Kansas argument that the unaccountable structure of the Consumer Financial Protection Bureau is unconstitutional – an argument Kansas continues to press in separate litigation.

A copy of the attorneys general’s letter is available at http://bit.ly/2ufCjcY.

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