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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

Kavanaugh talks about his commitment to an independent judiciary and the foundation principle that no one is above the law

by Edith Roberts 9/6/2018 4:46:45 PM
Kavanaugh: The judiciary has been the final guarantor of the rule of law.

by Andrew Hamm 9/6/2018 4:46:53 PM
Durbin: That's why the unitary theory of the executive is so concerning.

by Andrew Hamm 9/6/2018 4:47:09 PM
Durbin: What you've said in relationship to Morrison suggests that the president has the last word.

by Andrew Hamm 9/6/2018 4:47:31 PM
Durbin: When I asked in 2006 about detention and torture, you gave a simple, declarative answer, that you were not involved. We have found at least three specific examples in which you were. Three.

by Andrew Hamm 9/6/2018 4:48:28 PM
Durbin: You say words matter and claim to be a textualist, but you don't want to be held accountable for your own words. Why is it so difficult for you to acknowledge that you answer was at least misleading if not wrong?

by Andrew Hamm 9/6/2018 4:49:07 PM
Kavanaugh's answer seems basically to be that Durbin's earlier question in 2006 was about a more discrete policy.

by Andrew Hamm 9/6/2018 4:50:00 PM
Durbin is going through the three examples that he has of Kavanaugh involved at least in general torture-related issues. Do you deny these three specific instances?

by Andrew Hamm 9/6/2018 4:50:48 PM
Kavanaugh: My answer was then and is now that I was not read into that program.

by Andrew Hamm 9/6/2018 4:51:11 PM
Durbin: I'm asking about these instances, not that program.

by Andrew Hamm 9/6/2018 4:51:29 PM
Kavanaugh: As I've made clear, of course as staff secretary it would have passed my desk.

by Andrew Hamm 9/6/2018 4:52:14 PM
Durbin: I don't think staff secretary is a file clerk.

by Andrew Hamm 9/6/2018 4:52:24 PM
Kavanaugh still intepreting Durbin's question more generally, responding that he was not involved in torture program as a whole.

by Edith Roberts 9/6/2018 4:52:33 PM
Sen. Lee, R-Utah, now up.

by Andrew Hamm 9/6/2018 4:53:39 PM
Lee: Sen. Durbin and I share many views in common, including against torture. But I think this cuts in your favor, not against you.

by Andrew Hamm 9/6/2018 4:54:29 PM
Lee: It's binary, you were involved in developing policy or not, and you were not.

by Andrew Hamm 9/6/2018 4:55:05 PM
Kavanaugh: Correct

by Andrew Hamm 9/6/2018 4:55:11 PM
There were just three more women objecting and removed from the room.

by Andrew Hamm 9/6/2018 4:56:07 PM
Lee: There was also a meeting about how Justice Kennedy might react to the legal arguments the administration was thinking of making.

by Andrew Hamm 9/6/2018 4:56:50 PM
Kavanaugh: Yes, I answered that it would not fly with Justice Kennedy.

by Andrew Hamm 9/6/2018 4:57:08 PM
Lee: So, I don't see how this cuts against you. I think the advice you offered was accurate. It's not inconsistent with the the testimony you provided.

by Andrew Hamm 9/6/2018 4:57:55 PM
Kavanaugh: Yes, and the question was actually about something different from the policy.

by Andrew Hamm 9/6/2018 4:58:22 PM
Lee doesn't think that any of the involvement suggested by the three instances Durbin references was inconsistent with Kavanaugh's statement that he was not involved in crafting the torture policy.

by Edith Roberts 9/6/2018 4:58:25 PM
Lee: Sen. Booker yesterday raised issue related to emails that you did not have in front of you.

by Andrew Hamm 9/6/2018 4:59:07 PM
Lee: These emails deal with an issue around a Supreme Court case. You were asked about what might happen if a certain argument brought to the Supreme Court on the merits.

by Andrew Hamm 9/6/2018 5:00:12 PM
Booker was asking about Supreme Court Adarand case, involving minority set-asides.

by Edith Roberts 9/6/2018 5:00:26 PM
Lee: You counted to five. You identified five justices that would not accept the argument. You made argument about a way that court could decide that it should not have granted the case.

by Andrew Hamm 9/6/2018 5:02:09 PM
Lee: As a result, the regulations stood.

by Andrew Hamm 9/6/2018 5:02:54 PM
Kavanaugh: Correct

by Andrew Hamm 9/6/2018 5:03:04 PM
Lee: I don't see this as anything other than something that helps you.

by Andrew Hamm 9/6/2018 5:03:40 PM
Lee: This should help you with the Democrats, because your approach enabled the government's set-aside regulations to stand.

by Edith Roberts 9/6/2018 5:04:04 PM
Lee: Sen. Harris yesterday asked if you had ever spoken to anyone at Kasowitz Benson Torres. It's a law firm that includes 350 lawyers in 9 U.S. cities.

by Andrew Hamm 9/6/2018 5:04:27 PM
Lee: Could you name every attorney at that firm?

by Andrew Hamm 9/6/2018 5:04:45 PM
Kavanaugh: No

by Andrew Hamm 9/6/2018 5:04:49 PM
Lee: Can you rule out possibility someone who works at the firm?

by Andrew Hamm 9/6/2018 5:05:02 PM
Kavanaugh: I can't rule it out. I found out last night that Sen. Leiberman works at the firm.

by Andrew Hamm 9/6/2018 5:05:19 PM
Lee: I think my colleague's question was unfair.

by Andrew Hamm 9/6/2018 5:05:33 PM
Lee: Have you made any promises to anyone about how you might vote on any case that might come before you?

by Andrew Hamm 9/6/2018 5:05:54 PM
Kavanaugh: No

by Andrew Hamm 9/6/2018 5:05:59 PM
Lee: Any improper questions about the Mueller investigation?

by Andrew Hamm 9/6/2018 5:06:10 PM
Kavanaugh: No

by Andrew Hamm 9/6/2018 5:06:15 PM
Lee: Is president absolutely immune for any legal action, civil or criminal?

by Andrew Hamm 9/6/2018 5:06:30 PM
Kavanaugh: As explained in Federalist 69, no one is above the law.

by Andrew Hamm 9/6/2018 5:06:52 PM
Lee: Who investigates the president?

by Andrew Hamm 9/6/2018 5:07:33 PM
Kavanaugh: As a practical matter, if there might be a conflict of interest in ordinary Justice Department practice, there is appointment of special counsel.

by Andrew Hamm 9/6/2018 5:08:03 PM

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Cases argued	70
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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