President Donald Trump has declared a clear pick to replace the Supreme Court’s Justice, Anthony Kennedy. Brett Kavanaugh, D.C. Circuit Judge, has tackled numerous controversial educational issues throughout his career including school prayer, church and state separation, and affirmative action.
While Kavanaugh sites the role education has played in his life as significant through his mother’s teachings and views on equality, those opposed to his nomination feel his priority will be in serving the wealthy, rather than civil rights, freedom, and equality issues.
As a graduate of Yale Law School, Kavanaugh’s education and legal experience is clearly more than adequate for the role, but what many are questioning is if he is indeed the best person for the job, especially when it comes to representing the interests and freedoms of a wide social spectrum of people.
Our tutors in Orange County did some research regarding Mr. Kavanaugh’s views as it relates to education.
Kavanaugh’s Views on School Prayer and Religious Freedom
When it comes to school prayer and religious freedom, Kavanaugh supported the issue of student led prayers at school football games and events. Kavanaugh wrote an amicus brief stating that the policy was in line with the constitution; the Supreme Court denied the school policy permitting public prayer as unconstitutional.
Kavanaugh’s Stand on Affirmative Action
Kavanaugh also wrote an amicus brief on behalf of the Center for Equal Opportunity. In it, Kavanaugh tackled a Hawaii law permitting only Native Hawaiians to vote in Office of Hawaiian Affairs elections. Kavanaugh argued that this was unconstitutional as it prohibited other people from voting strictly because of their race. The Supreme Court supported his argument for affirmative action in a 7-to-2 decision. Kavanaugh stated afterwards that he would be proud to follow the precedents set forth by the Supreme Court in terms of affirmative action.
Kavanaugh and School Choice
When it comes to school choice, Kavanaugh was slightly more ambiguous. He declared serving as co-chairman of the ‘School Choice Practice Group’ and stated that he worked on school choice legislation in Florida for less pay. He didn’t, however, divulge any additional information regarding his school choice views, other than predicting that down the road, school vouchers would likely be supported by the Supreme Court.
Kavanaugh and the Consumer Financial Protection Bureau
In 2016, Kavanaugh openly declared his opinion regarding the CFPB and its unconstitutional structure. Kavanaugh suggested that too much power had been placed in the hands of the CFCB’s director. In response, CFPB proponents accused Kavanaugh of acting in the manner of a partisan activist. In the end, the CFPB’s constitutionality was confirmed.
The suggested confirmation of Brett Kavanaugh as Supreme Court Justice has both its proponents and opponents. There are those that support his educational policies such as private school vouchers, public prayer, and affirmative action briefs. However, his opponents feel very strongly that he will not represent the best interests of individuals across the social spectrum. Opponents feel that Trump is supporting Kavanaugh because he is confident Kavanaugh will approve policies set forth by Trump and his followers without question. As precedents are being set for educational issues, it will be interesting to see just how everything plays out in the arena of the Supreme Court.