It’s not just about getting out the vote on November 6, 2018. Yes, that’s critical. But there’s more than one front in our ongoing battle against Trump and his minions, so we gotta walk and chew gum at the same time! As important as the election — and with very long term implications — is the fight over control of our federal judiciary. A shocking statistic: Congress has already confirmed more of Trump’s nominations to appellate judgeships (24) in his first term than any other president going back to Reagan!
Right now, perched at the top of our judicial concerns sits the Supreme Court. The Republican-controlled Senate is pushing hard to get Brett Kavanaugh, Trump’s uber-conservative nominee, confirmed as soon as possible. Hearings are scheduled to start on September 4 — with most pundits predicting that success is almost certain.
The good news is that “almost certain” means “not 100% certain.” This fight is still winnable … if we act like it!
All of which brings us to the Indivisible East Bay August 26 All Members Meeting. An overflowing house packed the room, with many of the 200+ people there showing up for their first-ever IEB event.
Fighting the Kavanaugh Nomination
For the top attraction, we joined with MoveOn’s Unite for Justice national day of action to promote the fight against Kavanaugh’s nomination to the Supreme Court. Linh Nguyen, co-lead of the IEB Judiciary Team, delivered an impassioned presentation detailing exactly why we must push as hard as we can to delay or prevent the vote on Kavanaugh:
- Linh gave a distressing overview of what we already know of Kavanaugh’s equally distressing record: his opposition to Roe v. Wade, his assertions that a sitting President should be exempt from any investigation, his support for unlimited pardon power for the President (even before defendants stand trial), his belief that the Consumer Financial Protection Bureau is unconstitutional, his opposition to climate change protection measures, and his support for vote-suppressing voter ID laws.
- There’s likely much more, but it has been hard to find out; thanks to the GOP’s obstruction in Congress, only 6% of his record has been made available to the public!
- Yes, Kavanaugh has stated that Roe v. Wade is “settled law.” But don’t be seduced by this admission! Saying the case is settled does not imply that Kavanaugh believes it was correctly decided. If he is confirmed to the Supreme Court, he could still act to overturn it — and probably would.

Linh also talked about the Judiciary Team’s efforts to coordinate with Indivisibles and other groups around the country to block other Trump nominees to federal courts — nominees who are too far-right, blatantly partisan, or unqualified to hold the lifetime positions. The Team’s work has paid off! Activists’ pressure has terminated the nominations of Jeff Mateer, Brett Talley, Matthew Petersen, and Ryan Bounds. These potential judges were exposed as racist, homophobic, and/or lacking in any judicial experience. While Trump appears to view these attributes as desirable, our opposition eventually forced an embarrassed GOP to abandon the nominees.
What can you do?
All of which bring us to … YOU, and what you can do to prevent further judicial disaster from becoming a reality.
First and foremost: contact your senators EVERY DAY by phone, email, or fax to voice your opposition to Kavanaugh. It doesn’t matter that they’re already on record as opposed to his confirmation — contact them (every day) anyway! Their staff tells us it helps immensely for them to hear our support. Otherwise, they only hear from constituents who disagree, making it harder for them to hold to their positions. That’s why, at the meeting, all attendees took direct action by making phone calls and writing more than 300 (!) postcards to Senators Dianne Feinstein and Kamala Harris.

Please do the same…right now!
What to say:
My name is ____. I’m a constituent from [zip code] and a member of Indivisible East Bay. I’m calling to ask the Senator to vote NO on Brett Kavanaugh’s nomination to the Supreme Court. I’m worried by his opposition to a woman’s right to choose, environmental and consumer protection, workers’ rights and common sense gun safety. His willingness to shield the president from prosecution and investigation is frightening. Kavanaugh’s nomination should be rejected.
- Sen. Dianne Feinstein (email); (415) 393-0707 • DC: (202) 224-3841
- Sen. Kamala Harris (email); (415) 981-9369 • DC: (202) 224-3553
Next: we can’t stop there. It’s essential that all 49 Democratic Senators are steadfast in their opposition to Kavanaugh — plus we need to get at least two Republicans to vote no. To accomplish this, we must contact Democratic voters in other states, particularly ones with vulnerable Republican Senators, encouraging them to voice their opposition to Kavanaugh and vote NO.

But wait, there’s more: Expanding on Linh’s call to action, IEB Governance Committee members Andrea and Charlotte offered additional actions you can take:
- Sign up for the IEB weekly newsletter. Each issue opens with 3 action items, and the actions are also listed on the Calls & Emails page of our website, and are featured on our Facebook page.
- Use social media to get the message out. Follow us on Facebook and Twitter, and post your support for IEB’s positions on your own social media pages, your Twitter feed or even on Nextdoor. Check out this perfect example of boosting the cause!
- Share these tips with your family and friends, especially those in other states, and ask them to take action.
The goal: make it so “expensive” for Mitch McConnell to twist arms that he abandons the effort to confirm Kavanaugh. We have the opportunity to win by running out the clock. If Kavanaugh is not confirmed by the end of the 2018 Congressional session, the nomination gets kicked back to the President, forcing a delay that could doom the appointment — especially if we win a majority of the Senate in November.
The ultimate symbol of America
While info and direct action to #StopKavanaugh was going full steam, kitchen science was also happening! IEB Wizard Ted Lam conducted extensive testing (yeah, noms!) to perfect a recipe for homemade Peet’s Major Dickason’s blend ice cream, and he let loose his team of IEB family members (his son Lucas and volunteers extraordinaire Tiffany and George) to churn up 12 delectable quarts with a robin’s egg blue vintage electric ice cream maker.

The action we take
George did double duty, and says that “after churning up resistance . . . I mean ice-cream, I was posted post-haste to help out at the Postcards to Voters table.” Members flocked to write 100 postcards to Democratic voters in support of Audrey Denney and TJ Cox, running for Congress in California Districts 1 and 21. Both districts, largely rural and agricultural, are ripe to be flipped.
Aaaand that brings us full circle — back to the importance of the midterm elections, as we mentioned at the top of this article. Almost every problem we face right now will get better if we can end the GOP’s control of Congress; however, we need to continue keep making noise and applying pressure. Every phone call, postcard, and email counts!