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Live blog of confirmation hearing | September 6, 2018

We live-blogged the third day of Supreme Court nominee Judge Brett Kavanaugh's confirmation hearing before the Senate Judiciary Committee. Senators completed their second and third rounds of questioning for the nominee.

3rd & 7 37yd

Leahy: One memo was subject-lined "spying."

by Edith Roberts 9/6/2018 3:36:32 PM
Kavanaugh: None of this was unusual. There were many bipartisan discussions, much information-sharing.

by Edith Roberts 9/6/2018 3:37:10 PM
Leahy: I was born at night, but not last night.

by Andrew Hamm 9/6/2018 3:37:31 PM
Leahy: "I was born at night, but not last night." I think this would have raised red flags.

by Edith Roberts 9/6/2018 3:37:35 PM
Leahy: Can you confirm that in withheld documents there are no emails from Mr. Miranda about what he's done or found out?

by Andrew Hamm 9/6/2018 3:38:28 PM
Kavanaugh: I'm not involved in the documents process, so I don't know what it's in them.

by Andrew Hamm 9/6/2018 3:38:42 PM
Leahy: That's not fair to us and that's not fair to you. I care about the integrity of the Supreme Court. I think you should care.

by Andrew Hamm 9/6/2018 3:39:21 PM
Leahy: I find it hard to reconcile your testimony that you had no reason to suspect that things were stolen, when we know the staffer stole things and some of those went directly to you.

by Andrew Hamm 9/6/2018 3:39:57 PM
Leahy: You did participate in the Pryor nomination working group, did you not?

by Andrew Hamm 9/6/2018 3:40:44 PM
Kavanaugh: It's possible, but I don't believe I interviewed William Pryor.

by Andrew Hamm 9/6/2018 3:41:16 PM
Leahy: You had recommended him internally?

by Andrew Hamm 9/6/2018 3:42:06 PM
Kavanaugh: I have no reason that I wouldn't have recommended him.

by Andrew Hamm 9/6/2018 3:42:17 PM
Leahy: We have an email about your request for Pryor. I'm not asking these questions to get you in a bind. I'm asking because it's so easy in these hearings to say that you don't remember.

by Andrew Hamm 9/6/2018 3:43:14 PM
Leahy: I think it is so difficult that you don't remember the things done by somebody who did one of the most egregious breaches of committee confidentiality.

by Andrew Hamm 9/6/2018 3:44:08 PM
Kavanaugh: The larger question of raising red flags, I've answered that no.

by Andrew Hamm 9/6/2018 3:44:51 PM
Leahy: Was part of your job in the White House to train nominees to answer questions about Roe v. Wade?

by Andrew Hamm 9/6/2018 3:45:12 PM
Kavanaugh: We prepared nominees generally, including Roe v. Wade.

by Andrew Hamm 9/6/2018 3:45:35 PM
Leahy: Do you agree that a plastic firearm made by a 3D printer could be regulated without violating the Second Amendment?

by Andrew Hamm 9/6/2018 3:46:08 PM
Kavanaugh: I should not comment on a potential case.

by Andrew Hamm 9/6/2018 3:46:18 PM
Sen. Graham, R-S.C., now up.

by Andrew Hamm 9/6/2018 3:46:47 PM
Graham: I compliment Leahy for getting committee confidential documents released to the public. It's got to work this way.

by Andrew Hamm 9/6/2018 3:47:45 PM
Graham: I want to defend circuses. They are entertaining and you can take children to them. This hearing is not entertaining and not suitable to children.

by Andrew Hamm 9/6/2018 3:48:29 PM
Graham: If you want to be president, what you do is the example that will be followed.

by Andrew Hamm 9/6/2018 3:48:49 PM
Graham moves to Morrison v. Olson, which involved the old independent counsel statute and was a point of discussion yesterday.

by Andrew Hamm 9/6/2018 3:49:40 PM
Graham: Special counsel isn't a separation of powers issue?

by Andrew Hamm 9/6/2018 3:50:34 PM
Graham: Special counsel appointed by Justice Department different from Morrison v. Olson situation.

by Andrew Hamm 9/6/2018 3:51:03 PM
Graham: No separation of powers issue with appointment of special counsel,under Department of Justice regulations. That's legally and factually different than Morrison v Olson, which involved a statute.

by Edith Roberts 9/6/2018 3:51:05 PM
Graham: Supreme Court precedent shows that president cannot avoid day in court on the civil side.

by Andrew Hamm 9/6/2018 3:51:46 PM
Graham goes on to talk about holding of United States v. Nixon, the law of the land.

by Edith Roberts 9/6/2018 3:53:21 PM
Graham: When Clinton was investigated, you took position that he was not above the law. There's nothing new here.

by Andrew Hamm 9/6/2018 3:53:57 PM
Graham: You don't have to play these games to vote no. Just say you don't believe in his philosophy. There's nothing wrong with you. Most people after these hearings will have a dimmer view of the Senate.

by Andrew Hamm 9/6/2018 3:54:54 PM
Graham: It's okay to vote no, but it's not okay to take legal concepts and flip them upside down.

by Edith Roberts 9/6/2018 3:55:23 PM
Graham: Is there anything in the Constitution about the right to abortion in the document?

by Andrew Hamm 9/6/2018 3:55:45 PM
Kavanaugh: The Supreme Court has recognized this right many times.

by Andrew Hamm 9/6/2018 3:55:59 PM
Graham: But is it in the Constitution?

by Andrew Hamm 9/6/2018 3:56:07 PM
Kavanaugh starts... "It's pretty simple, no it's not, Mr. Graham," Graham says.

by Andrew Hamm 9/6/2018 3:56:23 PM
Graham: Is there any phrase in the Constitution about abortion?

by Andrew Hamm 9/6/2018 3:56:38 PM
Kavanaugh: The liberty clause.

by Andrew Hamm 9/6/2018 3:56:44 PM
Graham: Does the liberty clause say abortion?

by Andrew Hamm 9/6/2018 3:56:55 PM
Graham: What are the limits on the ability of the court to confer a right based on the concept of a penumbra of rights?

by Andrew Hamm 9/6/2018 3:57:31 PM
Kavanaugh now getting into the test for finding unenumerated rights.

by Andrew Hamm 9/6/2018 3:57:51 PM
Kavanaugh says the rights have to be rooted in the history and traditions of the country, the Glucksberg test that Kagan talked about at her hearing.

by Edith Roberts 9/6/2018 3:58:14 PM
Graham: Can legislative bodies intercede on the right of the unborn?

by Andrew Hamm 9/6/2018 3:58:14 PM
Graham: How did the court determine [abortion] was part of American history? Before 1973.

by Andrew Hamm 9/6/2018 3:58:36 PM
Kavanaugh keeps going back to Supreme Court precedent and recognized rights.

by Andrew Hamm 9/6/2018 3:58:54 PM

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Scribble

Live blog of confirmation hearing | September 6, 2018

We live-blogged the third day of Supreme Court nominee Judge Brett Kavanaugh's confirmation hearing before the Senate Judiciary Committee. Senators completed their second and third rounds of questioning for the nominee.

Featured Posts

Retired Justice John Paul Stevens has died – Amy Howe

Battle over border wall comes to the court – Amy Howe

Trump administration ends effort to include citizenship question on 2020 census – Amy Howe

Sponsored by Casetext

SCOTUStalk see all

Email Digest Sign-Up

Merits Case Pages and Archives

This Week at the Court

Major Cases

Recent Decisions

Current Relists

Recent Special Features

Statistical Snapshot

Live Blog Archives

Twitter Feed

Majority Opinions by Author

Voting Breakdown Argued Cases

Calendar: July 2019

July 2019

Holiday

Download our App in the Apple Store

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award