Graham asks about Roe. "Would you listen to both sides?" K: I always do. G: When it comes to overturning longstanding precedent, how do you do it? K: Restating his "precedent-on-precedent" discussion, he adds, "There are factors you look at when considering any precedent."
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We moved on to slaughterhouses — but not The Slaughterhouse Cases. Instead, it's Agri Processor Co. v. NLRB. https://caselaw.findlaw.com/us-dc-circuit/1319922.html … He says he thinks he was right.
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"You failed to follow Supreme Court precedent," Durbin says, noting that the ALJ, NLRB, and two appeals court judges disagreed with him.
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Grassley has another appointment, so Lee is temporarily taking the chair. Now up, Cornyn.
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Three more protesters get up before being removed. The final protester referenced Citizens United.pic.twitter.com/tak1mvfIq5
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Two more protesters, one by one, as Cornyn proceeds, who is talking about how judges decides matters on a case-by-case basis.
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A teen stands on a chair: "I'm 18, and I'm here for the youth of the country. You're ruining my future." A second young person follows.
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(They quickly threw on those handmaid’s outfits as they stood up.)
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Whitehouse is up. He criticizes the "non-assertion assertion of executive privilege" involved at withholding documents from the committee.
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Whitehouse asking about the role of the Federalist Society in his nomination. K says Trump made his nomination. What about Leonard Leo's role? (Leo is on leave from his role at Fed Soc to help the White House w the nomination.) K: "I don't know. I don't know the specifics."
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Whitehouse brings up all of the money that the Judicial Crisis Network spends. Kavanaugh: "There are a lot of ads against me as well."
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Oof. I just looked up at the dais, and there are SO MANY SENATORS we've not yet heard from.
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Whitehouse is asking about amicus participation before the Supreme Court.
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One-two protester moment. A woman who started with clapping, goes on to: "We should have an impeachment hearing, not a confirmation hearing." A second: "We will not go back."
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Whitehouse pulls together Fed Soc, JCN, Pacific Legal Foundation and similar groups, and amicus efforts, with pro-corporate decisions to present a "tableau" that he says he finds troubling.
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Lee is up. Starts by asking if he had communication with Fed Soc after Kennedy's retirement announcement. Kavanaugh says no.
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Another abortion-related protester interrupts and is removed. The capitol police are getting noticeably rougher with their removal of protesters — pulling them by their full body quickly out of the side door of the room.
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Klobuchar is up, and is talking about the staff sec docs and the withheld 100K pages. Klobuchar suggests a distinction b/w WH and DOJ SG records. "There's one executive branch," Kavanaugh says. [Enter your unitary executive pieces.]
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On his view that CFPB is not constitutional, he notes the issue was particular to the fact that it was a "single director independent agency."
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"I didn't throw the agency out," Kavanaugh says, noting that he just said the director could be replaced at-will by POTUS.
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Klobuchar asks about campaign finance, noting his email questioning campaign contribution limits. See:https://www.cnn.com/2018/08/31/politics/kavanaugh-documents-contribution-limits/index.html …
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Kavanaugh notes that he upheld contribution limits in two cases.
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Going for the troll win today, Cruz says that Garland and Kavanaugh have agreed in 93% of their opinions. He adds: - Garland joined 27 of 28 Kavanaugh panel opinions. - Kavanaugh joined 28 of 30 Garland panel opinions.
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9th, 10th, 1st Amendment questions, including a follow-up relating to religious liberty.
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Four protesters in a row, including one who specifically called out Sens. Collins and Murkowski — neither of whom are on the Judiciary Committee, so not in the room.pic.twitter.com/C5bn9GBf0o
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Funny enough, this could be my tweet, too. We're on a coaching question here in the Judiciary Committee. https://twitter.com/TonyRomm/status/1037433747036168193 …
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Coons is up. He's talking about Kavanaugh's comment that the independent counsel law was a "constitutional travesty." Kavanaugh leans on Kagan's comments in praise of Scalia's Morrison dissent, but Coons differs with Kavanaugh on his interpretation of her comments
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