Kavanaugh: Important to recognize that Chevron itself in footnote 9 cautions that judges must make use of all the tools of statutory construction before they find a statute to be ambiguous.
Cornyn: This has been identified by legal scholars as a serious issue that may need to be revisited in the future.
Cornyn: Cameras in the courtroom? One reason I think these hearings are important because people learn about how their government should and does operate.
Cornyn: If Americans will accept responsibility for their government, they need to understand the issues we're talking about today and get involved.
Cornyn: The Texas Supreme Court has a fixed camera. An opportunity to see government in action.
Kavanaugh: For me this has been a great honor. I've enjoyed the discussions.
Kavanaugh: I view cameras as of vital importance.
In a few moments, we will have a third round of questions. These will go for eight minutes. Hirono will have 16 minutes because Leahy has yielded his time to her.
Grassley is starting us again.
Durbin, D-Ill., starting the third round.
Durbin: My granddaughter came home from school after the first grade last year instructing her about a shooting at the school.
Durbin: I want to talk about the Second Amendment. Your position is a lonely voice, as you've said. I don't think it's responsible from a public viewpoint.
Durbin: You said that you thought Scalia outlined the approach -- history and tradition, as opposed to health and safety.
Durbin: Two other Republican judges in DC Circuit case said, in contrast to your dissent, that they read Heller straightforwardly. How do you reconcile your position with what you said about the rule of common sense?
Kavanaugh: It's not my test, it's my interpretation of the Supreme Court's test.
Kavanaugh: Other judges since have agreed with what I've put forth.
Durbin: You're alone! Kavanaugh: Not any more.
Kavanaugh: The opinion speaks for itself.
Durbin: Wouldn't common sense recognize that the Second Amendment is not a suicide pact?
Durbin: Why set yourself aside from the mainstream of thinking on this?
Durbin: He's sure some groups applaud Kavanaugh's position.
Kavanaugh: I am very aware of the real world consequences.
Kavanaugh: I explain in the opinion how I read the precedents.
Kavanaugh: Machine guns can be banned. Durbin: Thank goodness.
Kavanaugh is listing different types of regulations and bans on gun use and ownership that are permissible under Heller.
Durbin: When president introduced you as nominee, you said that I have witnessed your appreciation of the vital role of the judiciary. What did you witness?
Kavanaugh: I witnessed our discussion and other discussions.
Durbin: We usually instruct juries not to put life experience and common sense aside.
Hatch: You said that no matter where one comes from, it's equal justice under the law. What's equal justice under the law?
Kavanaugh: Everyone who ends up in court is entitled to equal hearing. Whoever has a better argument will win.
Feinstein: You have expansive views on presidential power. In 2016 you told the American Enterprise Institute that you will put final nail into coffin of independent counsel.
Kavanaugh: Nail was put in it by Congress when it did not renew statute.
Kavanaugh is listing four pieces that he says shows he does not have an unduly expansive view.
Kavanaugh cites several cases and writings that he says show he's not someone with an unduly expansive view of executive power. Has held executive to account on these occasions.
Feinstein: In 2003, Supreme Court decided to hear two affirmative action cases from UMichigan.
Feinstein: What was your view on whether the Bush administration should oppose the university's efforts to increase racial diversity on campus?
Kavanaugh: This was an issue on which existing precedent and Bush's views dovetailed. Promoting diversity was an important goal for his administration.
Feinstein: In 2001, you received an email from White House colleague saying you were a walking point on faith-based issues. Could you describe your involvement in the Bush administration's efforts to exempt charities from local laws prohibiting discrimination against LGBTQ individuals?
Kavanaugh: Faith-based initiatives were about religious groups participating as equals, not preferred.
After two interruptions this evening, the entire audience has been asked to leave.
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