900+ Law Profs Say Kavanaugh Lacks 'Judicial Temperament,' in Letter to Senate
The nominee's testimony before the Senate Judiciary Committee last week demonstrates that he can't be impartial on the U.S. Supreme Court, hundreds of law professors assert.
October 03, 2018 at 12:21 PM
4 minute read
Close to 1,000 law professors across the country have signed a letter to the U.S. Senate stating that Brett Kavanaugh lacks the “judicial temperament” necessary for a seat on the U.S. Supreme Court.
“We regret that we feel compelled to write to you to provide our views that at the Senate hearings on Thursday, September 27, 2018, the Honorable Brett Kavanaugh displayed a lack of judicial temperament that would be disqualifying for any court, and certainly for elevation to the highest court of this land,” the letter reads.
The list of signatories is growing by the hour, and organizers plan to send the letter to senators on Thursday. As of Wednesday morning, 907 professors from 154 law schools had signed on. They included University of California, Berkeley School of Law Dean Erwin Chemerinsky; former Harvard Law Dean Martha Minow; legal ethics expert and Stanford Law professor Deborah Rhode; and multiple professors from Kavanaugh's alma mater, Yale Law School, and Harvard Law School, where the nominee has taught a winter course for a decade. (Kavanaugh announced Monday that he will not teach at Harvard Law this January as planned, after student and alumni protests.) Other signers include City University of New York School of Law Dean Mary Lu Bilek; Georgetown University Law Center professor Deborah Epstein; five professors from the University of Texas School of Law; and at least 14 members of the University of Miami School of Law faculty.
A separate group of 660 female law professor are also planning to send their own letter to the the Senate Thursday, arguing that Kavanaugh cannot be impartial and that he was especially condescending toward women senators during his testimony before the Senate Judiciary Committee last week.
“Judge Kavanaugh's lack of respect for our democratic institutions, and for women in positions of power in particular, revealed that he does not have the requisite judicial temperament,” reads the letter from the female professors. “We would never allow our students to engage in such conduct even in mock proceedings or the classroom.”
“I signed it because I agreed with its content,” said Ruth Colker, a professor at Ohio State University Michael E. Moritz College of Law who signed both letters. “I watched every minute of the hearing, except the last 45 minutes, and I was expecting him to sound more like Neil Gorsuch. I was expecting him to do the judicial temperament dance, like a judge. I was listening to his opening remarks, which were scripted, and when he started talking about conspiracies and the Clintons, I thought, 'Huh?'”
The professors' letter argues that Kavanaugh “exhibited a lack of commitment to judicious inquiry.” He interrupted his questioners on the Senate Judiciary Committee and was aggressive toward them, according to the letter. The letter goes on to cite statutes governing judicial bias and recusals, calling impartiality the “cornerstone of the courts.”
“We have differing views about the other qualifications of Judge Kavanaugh,” the letter reads. “But we are united, as professors of law and scholars of judicial institutions, in believing that Judge Kavanaugh did not display the impartiality and judicial temperament requisite to sit on the highest court of our land.”
Colker said she thinks legal educators have a responsibility to weigh in on matters pertaining to the credibility of the judiciary. Whether or not senators will listen is an open question, she noted.
“All eyes are obviously on about four people,” Colker said, in reference to a handful of senators who say they are undecided on Kavanaugh's confirmation. “It's hard to know what will be the tipping point for those four individuals. I would hope they would take seriously this statement from such a large number of law professors from different political persuasions. I could imagine this will be one factor among many someone would care about.”
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllNot a Shield, but a Weapon? Blue Cross Accused of Antitrust Practices
2 minute readUber Not Responsible for Turning Over Information on 'Dangerous Riders' to Competitor, Judge Finds
5 minute readBallooning Workloads, Dearth of Advancement Opportunities Prime In-House Attorneys to Pull Exit Hatch
Trending Stories
- 1Big Law Leaders Get Real on Business Impact of Election Results
- 2Survival Guide for Executives and Board Members: 4 Steps to Safeguard Against Individual Liability for Data Security Failures
- 3Growing Referral Network, Alternative Fees Have This Ex-Big Law’s Atty’s Bankruptcy Practice Soaring
- 4High-Flying Genetics Testing Firm GeneDx Hires Ex-Zoetis GC as Legal Chief
- 5Manhattan Prosecutors Say They Will Oppose Efforts by Trump Legal Team to Dismiss Case
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250