Rep. Justin Amash
Justin AmashAmash warns of turning lawmakers like Cheney into 'heroes' Cheney set to be face of anti-Trump GOP Biden: 'Prince Philip gladly dedicated himself to the people of the UK' MORE (R-Mich.) on Monday called President Trump
Donald TrumpTop generals feared Trump would attempt coup after election and had informal plan to stop it: book Arizona's Maricopa County approves M for new vote-counting machines On The Money: Democrats reach deal on .5T target | Biden rallies Democrats: 'We're going to get this done' MORE Supreme Court nominee Brett Kavanaugh a “disappointing pick,” ripping the judge’s past rulings on surveillance issues.
The congressman cited a 2015 opinion written by Kavanaugh while serving on the U.S. Court of Appeals for the D.C. Circuit, that found “the Government’s metadata collection program is entirely consistent with the Fourth Amendment.”
Amash disagreed with that ruling, saying it creates “a rubber stamp for the executive branch.”
“Future decisions on the constitutionality of government surveillance of Americans will be huge. We can’t afford a rubber stamp for the executive branch,” Amash tweeted.
He also included a quote from Kavanaugh’s opinion in the case, stating “that critical national security need outweighs the impact on privacy occasioned by this program.”
Kavanaugh is not another Gorsuch—not even close. Disappointing pick, particularly with respect to his #4thAmendment record. Future decisions on the constitutionality of government surveillance of Americans will be huge. We can’t afford a rubber stamp for the executive branch.
— Justin Amash (@justinamash) July 9, 2018
In 2015, Kavanaugh declared “the Government’s metadata collection program is entirely consistent with the Fourth Amendment.”
— Justin Amash (@justinamash) July 9, 2018
He cited Smith v. Maryland, a case whose facts bear almost no resemblance to the metadata program.
Gorsuch recently ripped SvM in a #4thAmendment case.
Kavanaugh: “Government’s program for bulk collection of telephony metadata serves a critically important special need—preventing terrorist attacks on the United States. In my view, that critical national security need outweighs the impact on privacy occasioned by this program.”
— Justin Amash (@justinamash) July 9, 2018
Kavanaugh had written the concurring opinion in 2015, rejecting a request to rehear a case on whether the National Security Agency’s program on warrantless phone metadata collection was legal.
Trump on Monday tapped Kavanaugh to replace retiring Supreme Court Justice Anthony Kennedy.
Conservatives have largely applauded the appointment, while some prominent Democrats, including Senate Minority Leader Charles Schumer
Chuck SchumerModerate Democrats call for 9/11-style panel to probe COVID-19 origins Democratic senator: Reconciliation package to include clean electricity standard Number of nonwhite Democratic Senate staffers ticks up from 2020 MORE (D-N.Y.), have vowed to oppose the pick.
Amash is not the only GOP lawmaker to have been critical of Kavanaugh's past rulings.
Republican Sen. Rand Paul
Randal (Rand) Howard PaulRand Paul introducing measure to repeal public transportation mask mandates Charles Booker: Rand Paul is 'a joke' CNN: Tucker Carlson 'furious' at Fox News execs for not defending his NSA spying claims MORE (Ky.) has also been a critic of some of Kavanaugh's past rulings on surveillance.
After the announcement of Kavanaugh as the nominee Monday, Paul said he would review the pick with “an open mind.”
