Merkley said Trump has withheld thousands of pages of documents from Kavanaugh’s record under “presidential privilege.”
The motion asks the court to force Trump to release those records, which Merkley says the Senate has a “constitutional responsibility” to review.
Kavanaugh’s confirmation hearing was delayed while the FBI investigates sexual assault allegations against Kavanaugh.
The emergency motion follows a lawsuit Merkley filed last week. That lawsuit alleges the White House violated the separation of powers by conspiring to withhold Kavanaugh’s record from Senators ahead of their vote.
The senate is expected to vote on Kavanaugh’s confirmation to the Supreme Court this week.