Home Press Release Color Of Law Center Is Calling on Justice Kavanaugh To Recuse Himself from Pending Case 18-6140

Color Of Law Center Is Calling on Justice Kavanaugh To Recuse Himself from Pending Case 18-6140

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Washington DC (October 10, 2018) – “If someone isn’t able to be recognized by our legal system then essentially we talk about rights. They (people with disabilities) have no space to exercise those rights.” – Emily Martinez Director Human Rights Initiative – Open Society Foundations

Petitioner Hardaway is a person with disabilities and she had no space to exercise her rights. Judge Kavanaugh had a history of taken advantage of her lack of capacity, and therefore taken advantage of her disability. This abuse is especially disheartening because she ran to the DC Circuit Court to stop the outrageous abuse of Judge Richard J. Leon.

Judge Leon filed her sister’s medical records only given to the court to receive a reasonable accommodation request under the Americans with Disabilities Act. Since her sister could not read or write she needed a lawyer to be appointed. She was forced to act as her severely disabled sister’s lawyer and her request was denied.

To further abuse Hardaway, the court filed her sister’s two-page detailed medical records into the docket as part of their complaint. She immediately filed an appeal regarding this abuse. Not only did the court violate her federal privacy rights and, ADA rights, but the court has violated their own local rule of handling medical records.

Judge Kavanaugh was part of the three circuit court judges who did not see their humanity and took advantage of their lack of capacity to file an appeal properly. Hardaway thought if she writes a simple statement saying the court unjustly filed her sister’s medical records as part of the complaint on the open docket, that the court will not care how she wrote the appeal.

Again, Hardaway is not a lawyer; She is a person with inherited intellectual disability. So, in her appeal, She wrote to the DC Circuit “How would you feel if your grandmother’s medical records were filed as part of complaint for the world to see?”  …”wouldn’t you want someone to care?” – But despite that approach, the DC Circuit Court still did not care, just like the Atlantic City police did not care when she tried to report a sexual assault in the 40/40 club in November 2007.

Also, just like that the Justice Department did not care when she reported the Atlantic City police that refused to enforce her right not to be sexually assaulted. At the height of it was also when the Justice Department finally responded to all her follow-up letter. The “Justice” Department said, “Your complaint is not serious enough” for the Justice Department. How being sexually assaulted and not having the police follow the rule of law can be declared not serious enough? Judge Kavanaugh did not follow the rule of law. Justice Brett Kavanaugh’s history of gross abuse of discretion disqualifies him from participating in her pending case 18-6140.

Given Justice Kavanaugh history of judicial abuse in “legally related case 13-7138.”  Where Kavanaugh unlawful order was unanimously overturned May 2016, and declared a “gross abuse of discretion” by DC circuit court on December 6, 2016.  Due to Kavanaugh blatant disregard for people with disabilities rights, partisanship and personal animosity toward the poor he must recuse himself.

About Color of Law Center:
The Color of Law Center is a non-profit organization dedicated to fighting bigotry, ableism and to seek justice for the forgotten members of the society.

For more information about Judge Brett Kavanaugh’s abuse, go to page 52-55 and 178-195 in the book Nevertheless She Persisted: Judicial Abuse Towards Voiceless Americans published by the Color of Law Center Press or visit https://coloroflawcenter.org/kavanaugh

Media Contact:
Lisa Smith
Color of Law Center
(202) 900-8855


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