Graham asks him about what he did on Sept. 11. G: "When somebody says, post-9/11, we've been at war on terrorism?" K: Says yes, because the AUMF is still in effect.
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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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Coons asks why Kavanaugh said he'd overrule Morrison, and didn't say something like Buck v. Bell or Korematsu. Kavanaugh had no really good answer. "Would you vote to overturn Morrison?" "I'm not going to say more —"
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