Tracker Pixel for Entry

​Letter to the editor: Native women oppose Judge Kavanaugh for U.S. Supreme Court

| Letters to the Editor | August 15th, 2018

Judge Kavanaugh’s views on voting rights and racial justice in America are extremely troubling- in light of the fact that right now Native voters in North Dakota are fighting for their voting rights in Brakebill v. Jaeger, which is headed to the U.S. Supreme Court.

As Native women leaders of North Dakota who understand fully the decisions we make today will not only affect us, but seven generations ahead of us, we urge Senators Heitkamp and Hoeven to closely examine Supreme Court Nominee Judge Brett Kavanaugh’s record regarding Native peoples. We believe that as both a lawyer and as a judge, Judge Kavanaugh has failed consistently to acknowledge the sovereignty, natural resources, and unique history and heritage of Native People.

His actions and writings reveal a lack of understanding about the rights of Native People. Additionally, it is unlikely he will support access to affordable health care through the provisions of the Affordable Care Act (ACA) or advocate for the health care rights of women.

In 2012, Judge Kavanaugh ruled against the Obama Justice Department’s challenge to a South Carolina voter ID law that claimed significant racial disparities in the law’s photo ID requirement [South Carolina v. United States, 898 F.Supp.2d 30 (D.C. Cir. 2012)]. In writing the opinion for the three-judge panel, Kavanaugh refused to acknowledge the importance of Section 5 of the Voting Rights Act, which provides the review process for new voting laws – and without which the South Carolina law would have been even more restrictive.

We agree with the concerns expressed by the National Congress of American Indians (NCAI) over Judge Kavanaugh’s tribal sovereignty views, particularly as they relate to voting rights and health care. 

“Voting rights are first-generation rights along with freedom of speech, the right to a fair trial, and freedom of religion. Yet American Indian and Alaska Native voters continue to encounter language barriers, enormous distances to polling places, arbitrary changes in voter identification laws, purged voter rolls, and intimidation and animosity in reservation border towns that disenfranchise Native voters. Equal access to voting is not only a matter of fairness, but it is a fundamental civil right afforded to all citizens, including American Indians and Alaska Natives.”
- NCAI Executive Director, Jacqueline Pata

In 1999, Kavanaugh co-wrote an amicus brief, as an attorney, (on behalf of a group that opposes minority rights and affirmative action) he argued that a Hawaii law allowing only Native Hawaiians to vote for trustees of a state office, an original treaty between the US and Native Hawaiians to compensate Native Hawaiians for land that had been taken from their ancestors, was unconstitutional [Rice v. Cayetano, 528 U.S. 495 (D.C. Cir. 2000)].

He said in an interview that the case “is one more step along the way in what I see as an inevitable conclusion within the next 10 to 20 years when the court says we are all one race in the eyes of government” (The Christian Science Monitor, 1999). Kavanaugh’s misleading use of language and law, such as utilizing the veneer of “equality” to obliterate treaty obligations, is a deeply troubling indication he is opposed to critical civil rights protections and to equal opportunity programs that are designed to advance diversity and remedy past discrimination.

Our concerns are grounded in human and Native rights, not partisan politics. Supreme Court Justice Neil Gorsuch, another appointee of President Trump, has a good record with regard to Native People, we supported him, and he has sided with Tribes in two of three cases since he joined the court.

We have no such confidence in Judge Kavanaugh, and we encourage Senators Heitkamp and Hoeven to vet him thoroughly and to vote NO for his selection to the Supreme Court of the United States.

Finally, as mothers, daughters and grandmothers, we believe Judge Kavanaugh is a significant threat to the ACA and its important protection for pre-existing conditions, as well as to women’s reproductive and health care rights.

Native People deserve better. We all do.

[Links to the NCAI statement andTurtle Talk’s discussion of Kavanaugh’s Indian law record.]

Respectfully,

Twyla Baker
MHA Nation

Sandra Bercier
Turtle Mountain Band of Chippewa

Melissa Brady
Spirit Lake Nation

Ruth Buffalo
MHA Nation

Anita Charging
MHA Nation

Danielle Finn
Standing Rock Sioux Tribe

Cedar Gillette
MHA Nation & Turtle Mountain Band of Chippewa

Lillian Jones
MHA Nation

Cheryl Kary
Standing Rock Sioux Tribe

Hillary Kempenich
Turtle Mountain Band of Chippewa

Denise Lajimodiere
Turtle Mountain Band of Chippewa

Sheridan Seaboy-McNeil

Standing Rock Sioux Tribe

Mary Baker
MHA Nation

Tawny Cale
Turtle Mountain Band of Chippewa

Sunshine Carlow
Standing Rock Sioux Tribe

Kelly Charging

MHA Nation & Turtle Mountain Band of Chippewa

Stephanie DeCoteau
Turtle Mountain Band of Chippewa

Andrea Denault
Turtle Mountain Band of Chippewa

Lisa DeVille
MHA Nation

Nicole Donaghy
Standing Rock Sioux Tribe

Alayna Eagle Shield
Standing Rock Sioux Tribe

Amber Finley
MHA Nation

Bill Jo Gravseth
Standing Rock Sioux Tribe

Natasha Gourd
Spirit Lake Nation

Ashly Hall
MHA Nation

Tammy Hammer
MHA Nation

Tonya Hertel
Standing Rock Sioux Tribe

Marlo Hunte-Beaubrun
Standing Rock Sioux Tribe

Margaret Landin
MHA Nation

Amanda Mhyre
Standing Rock Sioux Tribe

Joyce Shining One Side
Turtle Mountain Band of Chippewa

Jodi Spotted Bear
Indigenous Media Freedom Alliance

Wendi R. Wells
MHA Nation

Kandi White
MHA Nation

Angel Young
Standing Rock Sioux Tribe

LaDonna Allard
Standing Rock Sioux Tribe

Glenda Rush
MHA Nation

Chairwoman Myra Pearson 
Spirit Lake Nation

Prairie Rose Seminole
MHA Nation and Northern Cheyenne

Linda Bradfield Gourneau, MD
MHA Nation

Melanie Nadeau, PhD
Turtle Mountain Band of Chippewa

Recently in:

FARGO – Time after time, Congressman Kevin Cramer makes light of sexual misconduct allegations and of provisions in law protecting women against violence. Repeatedly, he has mocked women who do not toe the conservative line, and…

by Ryan Jankeryanjanke@hpr1.comPhoto by Anne BradleyValkyries of the Valley will invade the North Dakota Apartment Wrestling Federation (NDAWF) for Brawl-esque, a variety show that will be held at Prairie Brothers Brewing Company…

Best Bets

Spirit Talk

by HPR Staff

Thursday, September 27, 7-9 p.m.Homewood Suites by Hilton Fargo, 2021 16th St N., FargoGet in touch with the other side! Sunny Dawn Johnston will help you reach the spirit world in this two-hour, eye-opening event. This is a group…

It’s bad enough when his word versus her word regarding sexual assault gets out in a high school hallway, but can you imagine it spreading throughout the national news media? Imagine reliving those events every time you turn on…

We failed to educate the players of “flag” footballI passed all of the American history courses in Morrison County District 54, Little Falls High School, and Moorhead State Teachers College, but I’m often appalled about what…

FARGO - A collection of memories from High Plains Reader's annual Cocktail Showdown. Participants were judged on creativity, flavor, and presentation; and this year we added a new category. Like years before, each establishment was…

by Ryan Jankeryanjanke@hpr1.comAs I sat across from my wife at Himalayan Yak Tuesday evening, it dawned on me that time had slowed down. So often when we go out to eat, we are in a hurry. We get anxious when we aren’t greeted…

Music

Back in the saddle

by Sabrina Hornung

After a long hiatus members of Teenage Lobotomy reunited for the first time in 22 years at Center Fest in Robinson North Dakota this summer. With influences such as Husker Du and the Circle Jerks their high energy immediately had…

Director Craig William Macneill speculates on the infamous legend surrounding Massachusetts murder suspect Lizzie Borden in “Lizzie,” a long-germinating labor of love for star Chloe Sevigny. Working from a screenplay by Bryce…

It may be cliche to say the apple doesn’t fall too far from the tree, but when wet plate artist Shane Balkowitsch found out that his 15-year-old daughter Abby Balkowitsch was following in his photography footsteps, he was…

by Stella Mehlhoffstellamehlhoff@gmail.com“Our mission is to invigorate civic conversation through intimate and transformative storytelling.” This statement posted on Theatre B’s website and tacked to their studio wall in…

In the approximately three years I’ve been writing for the High Plains Reader it seems I’ve always circled back to comedian Adam Quesnell. First, I wrote about his farewell show before he set out from Fargo and the comedy…

When walking into the new space on 1st Ave N that now houses Drekker brewing, one can only say, “Wow.” The majesty of the interior is unprecedented for a brewery in the region and provides a feeling of awe and astonishment.…

I’m a big man, I’m tall and powerful, but this also causes some issues in the body department. I suffer from acute scoliosis in my lower back, and pain radiates from this area on a daily basis. I have only ever had one massage…

By Melissa Martinmelissamartincounselor@live.comThink back to one of your worst small decisions. Then answer the following questions:How did you make the decision?What happened after the decision?When did you know it was the worst…

by Andrew Alexis Varvelmr.a.alexis.varvel@gmail.com“If a piece of equipment purchased in the 1920s is kept up and can guarantee, at present, an operable rate close to 100 percent and if it can bear the production burden placed on…