Protect Children with Complex Medical Needs and Disabilities: Little Lobbyists Oppose Appointing Judge Kavanaugh to the Supreme Court (STATEMENT)


In recent days there have been many troubling allegations regarding Judge Kavanaugh’s past. However, even before these allegations came to light, there were known facts about the Judge’s past rulings and legal opinions that make him a threat to children with disabilities and complex medical needs’ future health care, education, and civil rights.

Once appointed, the next Supreme Court Justices’ rulings will have a long and lasting impact on our children’s future, and no amount of calls to our legislators will influence his decisions. As advocates and as parents it is critical we take a stand now and tell the Senate not to appoint a judge to the highest court in our country who is a threat to our children’s future. Our children deserve a Justice who will defend them (almost) as well as we do. That Justice is not Judge Kavanaugh.

Here are three reasons Little Lobbyists opposes the appointment of Judge Kavanaugh to the United States Supreme Court. We ask you to read and share with your fellow special needs parents, your friends, family, and most importantly with your Senators.

1. Kavanaugh is a threat to our children’s health care.

Judge Kavanaugh has said he thinks the supreme court should not have upheld the Affordable Care Act, which protects people with pre-existing conditions against being denied health care, being charged more for health care, or for anyone having a cap on their lifetime coverage for health care.

Judge Kavanaugh has stated that he feels it is okay for the President not to uphold or defend a law he disagrees with, like the Affordable Care Act.

There are already cases challenging the Affordable Care Act making their way to the supreme court. If appointed, Judge Kavanaugh would likely have a deciding vote in taking away the vital protections our children’s ability to access health insurance relies on.

2. Kavanaugh is a threat to our children’s education.

Judge Kavanaugh supports school voucher programs which routinely force students with disabilities to waive their rights under the Individuals with Disabilities Education Act (IDEA) to a free and appropriate education. Voucher programs divert funds away from already underfunded public schools which are required to recognize the rights of children with disabilities and complex medical needs.

3. Kavanaugh is a threat to our children’s civil rights.

Judge Kavanaugh ruled that people with intellectual disabilities do not need to be consulted, or have their wishes considered, before elective surgeries are performed on them (including abortions). In employment discrimination cases, he has consistently ignored/discounted the evidence provided by people with disabilities in favor of explanations provided by the employers. His overall interpretation of antidiscrimination laws, including the Americans with Disabilities Act (ADA), and the role of administrative agencies in charge of enforcing those laws limits their ability to protect people against discrimination.  

To contact your Senators we recommend you call the Senate switchboard directly: 202-224-3121. You can also use this email tool from our friends at The Arc USA.

For additional resources to further explain Little Lobbyists position, please see these related articles:

On Health Care:

The fate of the ACA could turn on Judge Kavanaugh’s appointment, VOX

Supreme Court nominee Brett Kavanaugh could deal death blow to Obamacare, USA Today

What’s at Stake with the Supreme Court Vacancy, Protect Our Care

On Education:

Kavanaugh Could Unleash School Voucher Programs Throughout the Nation, National Education Association (NEA)

A dig through Kavanaugh’s record on education finds plenty of material, POLITICO

School Voucher Programs Should Be Clear About Disability Rights, Report Says, NPR

On Civil Rights for people with Disabilities:

Employment Discrimination: Review of Disability Related Cases Involving Judge Brett Kavanaugh, Bazelon Center for Mental Health Law

Review of Disability-Related Cases Involving Judge Brett Kavanaugh, Consortium for Citizens with Disabilities (CCD)

Kavanaugh Thinks It’s Okay to Perform Elective Surgery on People Without Their Consent, Talk Poverty

Disability Activist Elizabeth Weintraub testifies about the danger that Brett Kavanaugh poses to the disability community, C-SPAN (video)

AUCD Opposes the Nomination of Judge Brett Kavanaugh to the Supreme Court of the United States, Association of University Centers on Disabilities (AUCD)

Response to Snopes Piece Regarding Brett Kavanaugh and Disability, Association of University Centers on Disabilities (AUCD)

Disability Groups Line Up Against Trump Supreme Court Pick, Disability Scoop


Stop Brett Kavanaugh Fact Sheet: Disability Justice, People for the American Way

The American Association of People with Disabilities Opposes the Nomination of Judge Brett Kavanaugh to the US Supreme Court, AAPD

ASAN Opposes Supreme Court Nominee Brett Kavanaugh, Autistic Self Advocacy Network

Laura Hatcher