Brett Kavanaugh, Who Has Ruled Against Campaign Finance Regulations, Could Bring An Avalanche of Big Money to Elections

DC Circuit Court Judge Brett Kavanaugh’s appellate court decisions and public comments suggest that he will accelerate the trend toward a political system dominated by wealthy elites — often operating in the shadows, without any form of disclosure. At a March 2016 event at the American Enterprise Institute, Kavanaugh was asked point-blank if he believes that “money spent during campaigns does represent speech, and therefore deserves First Amendment protection.” His answer: “Absolutely.” In 2009, Kavanaugh authored an opinion in a case called EMILY’s List v. Federal Election Commission, a decision that paved the way for the unlimited corporate spending in the election system. “The First Amendment, as interpreted by the Supreme Court, protects the right of individual citizens to spend unlimited amounts to express their views about policy issues and candidates for public office,” wrote Kavanaugh, overturning a previous district court decision. Across the years on the DC Circuit, there are many cases in which Kavanaugh has used the First Amendment to enshrine the privileges of the powerful.