Whitehouse is asking about amicus participation before the Supreme Court.
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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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Kavanaugh is interrupted by a protester who says that’s why Kavanaugh was nominated — as in, his views on executive power and limits on investigations into presidents.pic.twitter.com/5h7bEdH1Pk
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Coons, who has used his time to just go through the process of how government can look into allegations of executive wrongdoing, is moving on to investigations.
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Kavanaugh, asked about criminal liability for a sitting president, says that "the Justice Department for 45 years ... has taken the position" that a sitting president can't be indicted.
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Check out Cruz, when Sasse said he is sympathetic to protesters worried about whether Kavanaugh would be Trump’s puppet and wouldn’t hold the president accountable. (Sasse said he doesn’t think that, though, and that that’s why he’s likely to vote for Kavanaugh.)pic.twitter.com/02tI8VJ94m
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Blumenthal is up, noting Trump's position as an unindicted co-conspirator to federal crimes, asking whether Kavanaugh would recuse himself from any case involving Trump's liability. Kavanaugh says part of his view of judicial independence means he will not take such a position.
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Blumenthal says that Kavanaugh is ready to overturn Roe, taking aim at his use of the phrase "abortion on demand."
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Kavanaugh talks a lot about Planned Parenthood v. Casey as the "precedent on precedent" abortion case, but I don't think I've heard him once mention Whole Woman's Health, the more recent, 2016 precedent — which addressed the "undue burden" substantively and significantly.
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Blumenthal is talking about executive authority on prosecutorial discretion. Here's the Kavanaugh dissent they're discussing:https://caselaw.findlaw.com/us-dc-circuit/1585226.html …
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He's now moved on to guns, and is bringing up Kavanaugh's "common use" discussion from earlier.
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Grassley is defending Kavanaugh unprompted again, noting a time when Kavanaugh ordered the president to enforce a law. So. OK.
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Flake is up. "What people do you admire and why?"
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[Narrator: He's got a NYT op-ed at the ready.]
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Justices that Kavanaugh says he admires ... Kennedy, Scalia, Rehnquist, Robert Jackson, and Thurgood Marshall.
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Flake asks about constraint on the executive, noting his issues with Trump. Appropriations power, Senate confirmation power, the "ultimate remedies" — impeachment and expulsion — and "there are statutes that regulate" presidential and executive actions. "There are norms."
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Flake asks about the Trump tweets on DOJ prosecutorial decisions. Kavanaugh: “I don’t think we want judges commenting on the latest political controversy.”
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Hirono is up, and is talking about Kozinski.
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Of the decades-long period of allegations against Kozinski, and despite Kosinski and Kavanaugh’s friendship — Kozinski introduced Kavanaugh at his 2006 confirmation hearing — Hirono says: “You saw nothing, you heard nothing, and you obviously said nothing.”
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She then asked if he knew about the allegations against Rob Porter. He also says he did not know about them.
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