Klobuchar: Roe is 45 years. Why isn't that thumbs up?
Kavanaugh will not say, citing refusal of previous nominees to give thumbs up or thumbs down on earlier cases.
Kavanaugh: None of the sitting justices have opined on that.
Klobuchar: You've said we shouldn't burden president. You said Congress could pursue impeachment proceeding.
Kavanaugh: Constitution specifies impeachment.
Klobuchar: When you wrote in 2009, did you think president shouldn't be investigated?
Kavanaugh gives some context for the article.
Klobuchar: How do you have impeachment without an investigation?
Kavanaugh: Not at all. Congress has investigative abilities.
Klobuchar: Why would we foreclose independent or special counsel?
Klobuchar: We've said several times are above the law. But when you wrote this, you're saying that sitting president at the time shouldn't be investigated.
Kavanaugh: I wouldn't call that above the law.
Klobuchar: I'm just reading the words. We should not burden the president.
Kavanaugh: It was an idea for Congress to consider.
Kavanaugh: This is a timing question, not a question of being above the law. The president could be prosecuted after he or she left office.
Kavanaugh: The whole point was to make the country do better after 5 and a half years of working in the White House during wartime.
Klobuchar: Many states have restricted access to voting since Shelby County. According to Brennan Center, 23 states have more restrictive laws than they did in 2010. Should courts consider these widespread efforts to restrict voting?
Kavanaugh: In any particular case, you'll want to see what the record was.
Klobuchar: Other studies have found no widespread voter fraud. Do you believe there is evidence of voter fraud?
Kavanaugh: But I hesitate to opine without a record.
Kavanaugh: Would want a record in a particular case, won't opine based on blogs or law review articles.
Klobuchar: You've called affirmative action a longstanding exception to not being treated differently from the government on the basis of race?
Kavanaugh: In many areas of constitutional law, we have doctrines from precedent about what's consistent with rights or not.
Kavanaugh: The court applies principles that builds up case law over time.
Klobuchar: Program meant to level playing field for women and minority-owned businesses. Do you believe this violates the 14th Amendment?
Kavanaugh: My argument at that time was rooted in precedent of Supreme Court.
Klobuchar: We've witnessed attacks on journalists. In New York Times v. Sullivan, Supreme Court issues landmark ruling that protects journalists unless speak untruths "with actual malice." What's that standard to you?
Kavanaugh: This precedent has been applied over and over. I'm not aware of attempts to change that.
Klobuchar going through some different cases involving reporters' privilege.
Kavanaugh: In NYT v Sullivan, court said sedition act, which criminalized criticism of the government, had been "overturned in the court of history."
Kavanaugh: We did have oral argument about this in a case that settled before I released my opinion.
Kavanaugh: But it is a matter that may come before me.
Klobuchar: How would you apply First Amendment to a reporter's decision to protect a confidential source?
Kavanaugh: This relationship is critically important.
Grassley: We've confirmed 8 federal judges to lifetime appointments this week.
Sen. Sasse, R-Neb., now up.
Sasse: Pretend you're a civics teacher, not a professor. Has the Supreme Court ever made a mistake?
Kavanaugh: Dred Scott, Plessy v. Ferguson
Sasse: How do you know you've made a mistake?
Kavanaugh: Sometimes you know right away, as there was a dissent in Plessy.
Sometimes you know right away, as with Plessy, which was wrong the day it was decided.
After two more protesters are removed, the police escort an entire row of audience members out of the room.
Kavanaugh is speaking about precedent.
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