SCOTUS Nominee Would ‘Put the Final Nail’ in Ruling Upholding Independent Counsel

What’s the story?

• Two years ago, judge Brett Kavanaugh - President Donald Trump’s pick for the Supreme Court – said he wanted to “put the final nail” in a 1988 SCOTUS ruling upholding the constitutionality of an independent counsel.
• Asked at a conservative gathering in 2016 if he could think of a case that deserved to be overturned, Kavanaugh said:

“Actually, I'm going to say one. Morrison v. Olson. It's been effectively overruled, but I would put the final nail in.”

• Morrison is the 1988 SCOTUS ruling upholding the 1978 Ethics in Government Act—which, in the wake of the Nixon scandals, created a system for independent counsels to investigate and potentially prosecute government officials for federal crimes.
• As CNN explained, “the comments are certain to get new attention amid his confirmation proceedings given that” Trump and his campaign remain under investigation by special counsel Robert Mueller for Russian interference in the 2016 election.

What do you think?

Does Kavanaugh’s wish to “put the final nail” in Morrison concern you? Do you want your senators asking about it during his confirmation hearing? Or do you agree with Kavanaugh that it should be overturned?  Hit Take Action and tell your reps, then share your thoughts below.

—Josh Herman

(Photo Credit: U.S. Court of Appeals for the District of Columbia Circuit)