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Senators

I am writing you not just as a concerned citizen, but also as a concerned father of an almost 16 year old daughter. I shouldn’t admit I write out of desperation, but because of the choice you are charged to make will determine my daughter’s future—whether it be one of justice and cohesion or relegating her to second class citizenry. Soon the full Senate will be asked to vote whether Judge Brett Kavanaugh should or should not sit on the Supreme Court. If you see him fit to serve on the highest court in the land, my daughter will not have a future of hope and choice, but one of fear and instability. I say this not to stoke fear but to truly speak about the consequences of having Judge Kavanaugh on the bench.

Recently Judge Kavanaugh told Senators (most notably Sen. Susan Collins of Maine) during visits on the Hill that he considered Roe v Wade the settled law of the land. I believe he also said that under oath to the Senate Judiciary Committee. This testimony contradicts his actions evidenced in a declassified email, as well as the case of an immigrant teen seeking an abortion, and his own testimony under oath.

The emails by Judge Kavanaugh in 2003, then as a lawyer in the Bush II administration, said “I am not sure that all legal scholars refer to Roe as the settled law of the land at the Supreme Court level since Court can always overrule its precedent.” This directly contradicts his testimony to the Judiciary Committee, and gives a clear indication that he would be one of the justices to help overturn Roe. His current actions show this as well. As a Judge on the DC Circuit Court of Appeals, Judge Kavanaugh bent over backwards to deny an undocumented immigrant teen access to an abortion she wanted—and which was granted by a lower court’s ruling. If he is willing to violate the rights of an immigrant—partly because of his views on abortion and partly she’s a non-citizen—to what ends will he go against the US citizenry for his beliefs? Especially when he will be on the highest court that shapes the laws of our country?

The Supreme Court affects us all and their rulings have impact beyond a Justice’s tenure on the bench. The Dred Scott decision was considered to be the “worst decision ever rendered by the court” and it took the Civil War and a constitutional amendment to correct it. It can be argued that Plessy v. Ferguson (“separate but equal”) still harms us today despite Brown v. Board of Education 60 years later and the Civil Rights act of 1965 after that. And we are still suffering from the Citizens United case in 2010 which has allowed money to rule over the body politic, in effect poisoning it and us in the process. Bad case decisions by the court could take decades (even generations) to correct leaving untold numbers hurt in its wake. Many of these decisions start with an underappreciated appointment to the Supreme Court by the Senate.

The evidence shown by Senate testimony—past and present—shows that Judge Kavanaugh perjured himself, so much so that there is a movement to impeach him from his current judicial position on the Court of Appeals. The fact that the Judiciary Committee has been denied access to thousands of documents showing Judge Kavanaugh’s past interpretation of current law is serious cause for alarm, as well as a corruption of the nomination process. As such he does not deserve your vote of approval to sit on the Supreme Court.

I know I may sound as partisan as I warned about earlier; this is not lost on me. However that isn’t what motivated me to write. As I said it is out of wanting to protect my only daughter from what a bad decision from the US Senate may hold this forces me to communicate with you. I have tried to raise her to be kind to everyone no matter who they are, where they come from, or whom they love. I’ve always told her that the world isn’t fair, but it’s important to be fair to others. To see that girl potentially cast into a world where her country only cares for the millions of fetuses yet to be born and disdainful (at best) to half the population already born and cares even less for the truth is more than I can stand. She deserves far better; we as Americans all do.

The American government once stood for the rule of law; one party claims to be the party of law and order above all else. To appoint Brett Kavanaugh to the bench after flagrantly violating his oath to Congress and his office would continue the downward spiral of our government and be the final nail in the coffin for a once grand old party. Please prove that you are above the partisan rancor, prove that you will protect the most vulnerable people in our country, and please stand up for the rule of law by rejecting Judge Brett Kavanaugh’s nomination to the Supreme Court. An already injured nation is counting on you to do the right thing.

Sincerely,

David Concepcion

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