Justin Amash Says Brett Kavanaugh Is a ‘Disappointing Pick’ for Supreme Court

Libertarian-leaning Rep. Justin Amash (R­–Mich.) isn’t happy with President Trump’s choice of Brett Kavanaugh to replace Associate Justice Anthony Kennedy on the Supreme Court.

The D.C. Circuit Court judge is not a staunch defender of Fourth Amendment protections that prevent improper searches and surveillance by the government, Amash said in a tweet:

Kavanaugh is not another Gorsuch—not even close. Disappointing pick, particularly with respect to his #4thAmendment record. Future decisions on the constitutionality of government surveillance of Americans will be huge. We can’t afford a rubber stamp for the executive branch.

— Justin Amash (@justinamash) July 10, 2018

Amash’s impression of Kavanaugh’s Fourth Amendment record is shared by Reason‘s Jacob Sullum, who wrote that the judge “seems to take a narrower view of Fourth Amendment rights,” than First Amendment or Second Amendment rights.

Unfortunately for civil libertarians who might prefer a different nominee, Amash isn’t in a position to do anything about Kavanaugh. It is the Senate’s job to confirm the president’s nominees to the Supreme Court, and Amash is in the House. Kentucky Sen. Rand Paul, a Republican who shares some of Amash’s impulses and has often expressed opposition to the feds spying on Americans, said on Twitter that he looked forward to reviewing Kavanaugh’s record “with an open mind.”