Tillis: I'd like to thank the staff.
Tillis has a sign of stated opposition from Democrats the night of the nomination. His argument is that the Democrats' actions about documents lately are not genuine because opposition has already been stated.
Tillis: I seldom interrupt another member, but I did last night because I thought we were going down a path we don't want to do. At 9:30 last night, you were asked to respond to something you haven't seen.
Tillis: Staff stayed up until 4am this morning talking with Bush's people and the White House to get the documents cleared.
Tillis: This isn't appropriate for what we're doing here. I don't think I could keep track of the number of times you touched that pocket Constitution.
Tillis: Is there a story behind it?
Kavanaugh: I got it about 25 years ago. The 27th amendment is not in my version, it's so old.
Kavanaugh uses it when he teaches at Harvard Law School.
Tillis: I find it remarkable that despite your knowledge you keep it and have kept it for 25 years.
Tillis: Doesn't see how a judge with Kavanaugh's track record can be viewed so divisively.
Tillis: I started reading opinions when Gorsuch was in front of us. I was amazed by how approachable they are. Don't judge them by a tweet or some protest.
Tillis quotes John Locke that pre-judging ideas is putting our one's own eyes.
Tillis: Why are you doing this?
Kavanaugh: From an early age, I committed myself to public service. The motto of my high school was "men for others."
Public service is a great honor and a great responsibility.
Sen. Harris, D-Calif., now up.
Harris: I received reliable information that you had a conversation with law firm defending Trump. Under oath, you can no clear answer. Whether a conversation was appropriate in your opinion was not a clear answer to my question. Yes or no, have you been part of a conversation with lawyers at the law firm about Mueller or his investigation?
Kavanaugh: Are you referring to a specific person?
Harris: The specific person is you.
Kavanaugh: The answer is no.
Harris: Yesterday Blumenthal if you could recuse in cases involving the liability of the president. Would it be reasonable for someone to question your independence?
Kavanaugh: My independence has been demonstrated from my record.
Harris: Kagan committed to recusing from cases she handled as SG. Breyer did in cases involving his financial interests. Ginsburg refused. Scalia did for cases the same as resolved. Will you commit to recusing?
Kavanaugh: The independence of the judiciary requires that I not commit on discretionary recusal.
Harris: Other nominees have committed to recusing. Is it your opinion that they violated ethical codes?
Kavanaugh: I believe those situations were required recusals, not discretionary.
Harris: It is clear you are unwilling to commit to recusal.
Harris: Your mentor Justice Kennedy wrote Obergefell upholding right of same-sex couples to marry. Was it correctly decided?
First mention of Obergefell, the marriage equality case, I believe.
Kavanaugh: Justice Kennedy wrote the opinions in a series of cases.
Harris: I know the history. Can we talk about Obergefell?
Kavanaugh: In Masterpiece Cakeshop, Kennedy wrote that the days of discriminating against gay and lesbian Americans are over.
Kavanaugh: That is precedent.
Harris: Do you believe Obergefell was correctly decided?
Kavanaugh: Each of the justices have declined to answer questions on cases.
Harris: I'd like to move on. You said Brown was one of the greatest moments in the court's history. Was Obergefell?
Kavanaugh: As Kagan said, no thumbs up or down.
Harris: Was Obergefell one of the great moments in history of the court?
Kavanaugh: Kennedy said the day of discrimination is over.
Harris: Over last several months, we've witnessed the separation of families. Nearly 500 are still separate from their parents. Do you believe rights of parents are implicated in such situations?
Kavanaugh: That is a matter of pending litigation.
Harris: Have you watched television about those experiences?
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