Dean: Not clear to me that he really believes US v. Nixon was correctly decided.
Dean: Second, ranking member Feinstein stated on 9/4 before hearings that after being in 9 confirmations, it had never been so difficult to get background information.
Dean: This committee involved in final vetting of nominees. In looking at hearings for Rehnquist and Thomas, there was across-the-board failures to vet those nominees. Kavanaugh may be traveling the same path.
Dean: Rehnquist dissembled during his hearing and became an associate justice. When Reagan nominated him chief justice, he was confronted with earlier false statements and new material that resulted in new false statements.
Dean: Historians find clear and convincing evidence that Rehnquist lied during hearing that has hurt him and court.
Dean: Allegations by Anita Hill against Thomas have never been fully resolved. A preponderance of evidence has been found supporting Hill. Controversy has grown stronger with #MeToo movement. A Democratic candidate has made impeachment of Thomas a plank on her campaign.
Dean: Kavanaugh's answers to this committee have not resolved issue of his truthfulness in earlier testimony. I am surprised Judge Kavanaugh has not demanded documents be handed over, unless there is something to hide.
Clement, Supreme Court advocate and former SG: Kavanaugh and I first met clerking during same term.
Clement: Kavanaugh came to clerkship with two previous clerkships and had served as Bristow Fellow in Office of the Solicitor General.
Clement: Kavanaugh quickly came to be seen as a resource by other clerks. What stood out was fact that he was well-rounded, likable, and unpretentious.
Clement: I testify to observing Kavanaugh over 12 years on federal bench.
Clement: Question of judicial temperament has gotten less attention this hearing than in past. I'm here to say he has judicial temperament in spades.
Clement: I am confident he will serve with distinction.
Rebecca Ingber, professor at BU law
Ingber: Concerns about his jurisprudence that reveal reluctance to impose checks on presidential power.
Ingber: In case of authority over detainees, Kavanaugh wrote that we should not look to international law for the question, despite a history of looking to this law in order to understand limits of authorities.
Ingber: International law one of the only tools courts and Congress have for interpreting wartime powers.
Ingber: For example, we know it is wrong for the president to kill families of terrorism suspects because of international law.
Ingber: Even a robust process can lead to overreach. The premise of the separation of powers is that each branch will seek to enhance their own power.
Ingber: Because so much executive branch decision-making takes place in secret, accountability is important.
Adam White, George Mason law professor
White: Skeptics of judicial deference were on left but are now found increasingly on the right.
White: Kavanaugh has faithfully applied the Supreme Court's complicated approach to deference.
White: Congress has at times granted independence to leadership of agencies. But the Constitution invests the president with executive power.
White: In era when agencies are eager to enact policies Congress has not enacted, some of Kavanaugh's critics prefer those agencies to Congress. I think Judge Kavanaugh has the better of these arguments.
Professor Heinzerling, Georgetown Law
Heinzerling: Agencies are at the heart of administrative law -- EPA, FDA, FTC, etc. They do the day to day work of government.
Heinzerling: Kavanaugh would limit ability of agencies to do this important work.
Heinzerling: Kavanaugh belives the basic problem is that the president has too little power and Congress has too much. President should be able to fire officials even when Congress has made a different choice.
Heinzerling: Once on the court, Kavanaugh could cast precedent aside and restructure government with a president exercising undiluted control over the executive branch. Kavanaugh has used separation of powers as a tool to enhance power of executive.
Heinzerling: Kavanaugh believes Congress may not enable an agency to make a major rule, which would cripple agencies in circumstances in which we need them the most.
Heinzerling: The liberty Kavanaugh praises is skewed and small -- it's for powerful interests against the government.
Jennifer Mascott, professor at Mason Law
Mascott: Law clerk for his first term on bench, and already Kavanaugh demonstrated commitment to seeking diverse input.
Mascott: Judge also mentored us on a more personal level.
Mascott: Kavanaugh knows impact that the law can have on everyday people.
Shane, Ohio State law professor
Shane: No one is above the law. My concern is Kavanaugh's extreme interpretation of presidential power.
Shane: President and his associates are facing criminal investigation.
Shane is listing different potential legal questions involving the president. For example, the emoluments clause, supervisory power, or firing the special prosecutor.
Shane: After Kavanaugh stopped as staff secretary, Bush's pace of signing statements dropped off. What view of presidential power had Kavanaugh shown in encouraging signing statements?
Grassley thanking panel and his colleagues for their cooperation during the hearing.
Grassley to Heinzerling and Shane: You spoke of Kavanaugh's presidential power. You fear a voice like that under any condition, or because it might make a majority?
Heinzerling: I've been worried about presidential power for decades across administrations.
Shane: My views are similar. I worry about having the most executive power indulgent Supreme Court since the end of World War II.
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