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:

By the time this article is published, all the major new outlets in the area will have reported on the May 30th protest in Fargo demanding change and justice after the needless killing of George Floyd, as well as its aftermath. …

by Sonja ThompsonDebra Ruh is the CEO and Founder of Ruh Global IMPACT, a consulting firm that strives to help clients amplify their impact and become disability inclusion leaders. She also serves as the Chair of the United…

Best Bets

Ladies Ag Night

by HPR Staff

Thursday, March 19, 4:30- 8 pm1609 19th Ave N, FargoCass County Soil Conservation District is hosting their annual Ladies’ Ag Night supper event. This event has a goal of bringing together multiple generations of women involved…

by Sofia Makarova and Massimo Sassi The global pandemic is an incredibly challenging time for many. Nearlyone in every three Americans’ jobs have been affected, whether a temporary layoff, a permanent job loss, or a reduction in…

Predatory Capitalism Breeds Predatory Medical CareSurvival in the animal world depends upon who eats who. Wolf packs in Yellowstone chase down the oldest weakest elk and kill with a chokehold. African lion prides select the oldest…

To say that this year’s Bartenders Battle was the best display of talent in the six years since its creation would be an understatement and a disservice to not only the bartenders who made it into the competition, but also the…

It goes without saying that Valentine’s Day is the most profitable of all the holidays and the one with the most tortured history, literally. It is confusing how an ancient Roman festival that involved sacrificing animals and…

Fargo obviously loves their classical music. Audiences have still turned out during the 2019-2020 season of the Sanford Masterworks Series performed by the Fargo-Moorhead Symphony Orchestra despite an unrelenting winter. That…

Writer Rita Kalnejais adapts the script of her own 2012 play “Babyteeth,” and Shannon Murphy, delivering her feature directorial debut, guides a fantastic ensemble of performers to success in what could have been an…

This weekend, the 10th Annual Unglued Craft Fest will be held at the Plains Art Museum, featuring over 70 local and regional artists selling handmade items. Though most are Fargo-Moorhead residents, artists from Minneapolis, Sioux…

Theatre

Fargo Film Festival 2020

by HPR Contributor

by Dominic EricksonThis March, the Fargo Film Festival will celebrate its 20th year of entertaining die-hard cinephiles and casual moviegoers alike. The festival begins on March 17 and concludes March 21. The event is once again…

by Kris Gruberperriex1@gmail.comAdam Quesnell's last show at The Cellar beneath the Front Street Taproom in Fargo was in early September of 2018. He was embarking on a seminal move from Minneapolis to LA. As always, his comedy was…

by Jill Finkelsonjsfinkelson99@gmail.comFar North Spirits, located up in Hallock, MN, is the northernmost distillery in the lower 48. They may be young in the distillery world but the farm and the spirit reach far into the past.…

Wellness

Discover Yoga Differently

by HPR Contributor

by Laurie J Bakeremsdatter@gmail.com Part of modern yoga is participating in the world around us. We live in a time of upheaval in society and nature, and of great suffering in humans of all ages. Most of us perceive this suffering…

by Devin Joubertdevinlillianjoubert@gmail.comIt’s that beautiful time of the year that’s filled with seasonal decorations, sparkly lights, warm family gatherings, and delicious feasts. I love everything about this time of the…

"…evil appears as good in the minds of those whom god leads to destruction." - Sophocles, Antigone“It is a mistake…as events since September 11 (2001) have shown—to suppose that a government can promote and participate in a…