Rep. Justin Amash (R-Mich.) on Monday called President Trump 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.”

{mosads}

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.”

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.

— Justin Amash (@justinamash) July 9, 2018 

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 (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 (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.”