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Live blog of confirmation hearing | September 4, 2018

We are live-blogging the first day of Supreme Court nominee Judge Brett Kavanaugh's confirmation hearing before the Senate Judiciary Committee.

3rd & 7 37yd

Feinstein: In the 50s and 60s, I saw what happened to young women who became pregnant. When you look at the statistics during those days (by Guttmacher Institute), it's horrendous.

by Andrew Hamm 9/4/2018 3:00:04 PM
Feinstein: President who nominated you have said he was anti-choice and pro-gun. And we believe what he's said.

by Andrew Hamm 9/4/2018 3:00:29 PM
Feinstein: Last year you drafted a dissent in Garza v. Hargan. I believed you mischaracterized Supreme Court precedent.

by Andrew Hamm 9/4/2018 3:01:30 PM
You are willing to disregard precedent.

by Andrew Hamm 9/4/2018 3:02:14 PM
There is some Supreme Court counter programming coming up momentarily, at least on the East Coast. Justice Sonia Sotomayor will appear on today's season premiere of "The View" on ABC. (Check your local listings.) She is promoting her new books, a middle school version of her memoir called "The Beloved World of Sonia Sotomayor," and a children's illustrated version titled "Turning Pages: My Life Story." I'm going to see if I can get the staff here to switch over one of the TV monitors in the room to that show.

by Mark Walsh 9/4/2018 3:02:42 PM
This case did get to the Supreme Court. Here's our case page, which includes a link to the D.C. Circuit opinion with Kavanaugh's dissent:
Azar v. Garza - SCOTUSblog
SCOTUSblogThe Supreme Court of the United States blog

by Andrew Hamm 9/4/2018 3:02:43 PM
Feinstein: President promised a nominee blessed by NRA. In reviewing your record, it's clear you go beyond being pro-gun.

by Andrew Hamm 9/4/2018 3:03:36 PM
Assumption is that the Chairman has ultimate say about entertaining any motion (and the discussion on adjourning will never be heard) correct?

by michael_mantis 9/4/2018 3:03:52 PM
Sen. Lindsey Graham, Republican of South Carolina, is now here and has taken his seat between Sens. Orrin Hatch and John Cornyn.

by Mark Walsh 9/4/2018 3:03:57 PM
During this time, Feinstein has been talking about how important gun protections are, and she mentions the shootings at Sandy Hook in particular. If the Supreme Court adopts Kavanaugh's views, the number of victims will continue to grow and citizens will be powerless to address this issue.

by Andrew Hamm 9/4/2018 3:06:49 PM
Feinstein: You yourself said that being staff secretary was your period of greatest growth. The only way we can look at that is by reviewing documents from that period. [This goes back to the Democrats' main point from the beginning of the hearing this morning.]

by Andrew Hamm 9/4/2018 3:07:57 PM
Now it's Sen. Hatch's turn. He calls this the most thorough confirmation process he's ever participated in.

by Andrew Hamm 9/4/2018 3:08:38 PM
Hatch is citing his experience with confirmations, including for every current sitting justice. You are a great nominee, he tells Kavanaugh.

by Andrew Hamm 9/4/2018 3:09:31 PM
Hatch: Supreme Court has adopted positions from your opinions no less than 13 times: in administrative law and national security, among other issues.

by Andrew Hamm 9/4/2018 3:10:29 PM
A new crowd has been brought in to the audience, and we just had two more interruptions (including one woman pushed pretty hard).

by Andrew Hamm 9/4/2018 3:11:52 PM
Hatch is complaining about the interruptions.

by Andrew Hamm 9/4/2018 3:12:19 PM
There are chants of "Stop Kavanaugh" and "Hell no" from the people just brought to the hallway. Meanwhile, Hatch is talking about Kavanaugh's personal qualities, including statements of support from his past law clerks of his who are women.

by Andrew Hamm 9/4/2018 3:14:59 PM
These clerks span the political divide, Hatch says. He is showing a capacity to go ahead with his remarks, even as there are points in which the room is quite loud.

by Andrew Hamm 9/4/2018 3:16:37 PM
Hatch: Kavanaugh indisputably qualified. Hatch cites a former lawyer of Bill Clinton who has written a letter in favor of the nomination.

by Andrew Hamm 9/4/2018 3:17:59 PM
Hatch: Judge, I'm sorry you are going to have to go through some of this nonsense.

by Andrew Hamm 9/4/2018 3:19:32 PM
Hatch: I'm not sure if the committee should have to put up with this. These people are so out of line they should not be allowed in the "god damn" room.

by Andrew Hamm 9/4/2018 3:20:01 PM
Feinstein is now going to recognize some people in attendance, including Vanita Gupta of the Leadership Conference, Sherrilyn Ifill of NAACP LDF, Kristen Clarke of the Lawyers' Commitee, among others. There is also a survivor of the Parkland shootings.

by Andrew Hamm 9/4/2018 3:21:55 PM
God darned...

by John the Lawyer 9/4/2018 3:21:57 PM
Sen. Leahy is now giving his statement. I've never seen such a dangerous rush to fill a seat.

by Andrew Hamm 9/4/2018 3:22:53 PM
Leahy: Trump said he would appoint judges who would dismantle Roe v. Wade and the Affordable Care Act. That's judicial activism.

by Andrew Hamm 9/4/2018 3:23:25 PM
Leahy: You (Kavanaugh) may also have intrigued Trump because of your unorthodox position that presidents should not be burdened with investigations while in office.

by Andrew Hamm 9/4/2018 3:24:10 PM
Leahy: Hard for me to imagine that these views escaped the notice of President Trump.

by Andrew Hamm 9/4/2018 3:24:26 PM
Kavanaugh taking notes as Leahy mentions previous experience as a political operative in the Bush administration.

by Edith Roberts 9/4/2018 3:25:29 PM
Leahy: The hearing is meant to be an examination of a nominee for a lifetime appointment that gives the American people a genuine opportunity to scrutinize the nominee's philosophy, belief, and character, because nominee may impact lives for generation or more.

by Andrew Hamm 9/4/2018 3:25:51 PM
Leahy: So much has been wrong with the vetting of this nomination, I don't know where to begin. You should not be sitting in front of us today, only after we've completed view of your record. We have abandoned tradition.

by Andrew Hamm 9/4/2018 3:26:29 PM
Leahy: The Republicans refuse to request documents from staff secretary, including abortion, same-sex marriage, and torture. But in private meeting with White House counsel, decision by Republicans made to keep those records off limits.

by Andrew Hamm 9/4/2018 3:27:30 PM
Two more interruptions. Leahy says he does not intend to continue to speak during such an interruption. He doesn't care whose side they are on, he says.

by Andrew Hamm 9/4/2018 3:28:57 PM
Leahy: During Garland nomination, Republicans showed they were willing to have patience in filling vacancies.

by Andrew Hamm 9/4/2018 3:29:35 PM
Leahy: What is being hidden and why? Every document received handpicked by deputy in Bush White House who also represents certain Trump officials. This person decided which documents the Senate and American people got to see.

by Andrew Hamm 9/4/2018 3:31:01 PM
Leahy: No court in this country would accept this as a legitimate document production.

by Andrew Hamm 9/4/2018 3:31:23 PM
Leahy: The notion that anyone here has properly reviewed the available documents is laughable.

by Andrew Hamm 9/4/2018 3:33:27 PM
Leahy (again): What is being hidden and why? Today Senate not simply phoning in vetting obligations, we're discarding it. It's a sham.

by Andrew Hamm 9/4/2018 3:34:31 PM
Leahy: Senate can be and should be the conscious of the nation. Today with this hearing it is not being the conscious of the nation.

by Andrew Hamm 9/4/2018 3:35:19 PM
Leahy: It appears you provided misleading testimony during your hearing for the last nomination. I will return to this during questioning.

by Andrew Hamm 9/4/2018 3:35:48 PM
Leahy: This is most incomplete vetting I've ever seen, and I've seen more nominations than any other senator here today.

by Andrew Hamm 9/4/2018 3:36:41 PM
And another group of spectators, and another round of protests.
Hatch is the first to acknowledge the protestors. "Mr. Chairman, we need to have this loudmouth removed." We assume he's referring to the protestor.

by Mark Walsh 9/4/2018 3:38:09 PM
Sen. John Cornyn, Republican of Texas, now up for his statement.

by Andrew Hamm 9/4/2018 3:39:05 PM
That last post composed a while ago. Again, sorry for the technical difficulties.

by Mark Walsh 9/4/2018 3:39:09 PM
Cornyn: SJC undertakes few more important tasks than SCOTUS confirmations.

by Andrew Hamm 9/4/2018 3:39:43 PM
I just took a walk outside the hearing room. There are still women dressed in Handmaid's Tale costumes in the Hart lobby.

by Mark Walsh 9/4/2018 3:40:39 PM

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On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

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Cases argued	43
Cases decided	9
Summary reversals	2
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Editor's Note :

Scribble

Live blog of confirmation hearing | September 4, 2018

We are live-blogging the first day of Supreme Court nominee Judge Brett Kavanaugh's confirmation hearing before the Senate Judiciary Committee.

Featured Posts

Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

Email Digest Sign-Up

Merits Case Pages and Archives

Recent Decisions

Current Relists

Conference of January 18, 2019

Major Cases

Recent Special Features

Live Blog Archives

Jan. 2019

Download our App in the Apple Store

First Mondays see all

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award