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 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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Sen. Kennedy is chairing currently, as we head into the dinner recess. Sen. Booker is up at 8p. (I’ve relocated, btw.)pic.twitter.com/bKRoPybyLh
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We're back. And Booker is up, talking about affirmative action.
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Booker: "Is it never permissible for government to use race to redress past discrimination?" Kavanaugh: "The Supreme Court has said —" B: "I know what the Supreme Court has said. I want to know what you think." He's tried this a few times, and Kavanaugh keeps going back.
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Booker: Do you think diversity in higher education is a compelling interest? Kavanaugh: The Supreme Court says it is. Booker: [Sigh.]
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The look when Tillis cut in to question Booker’s handling of his questioning.pic.twitter.com/S32wA1nZSa
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Booker is ending on voting rights, and voter ID.
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Booker: "Your answers don't provide me comfort."
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Lee says Booker was referring to "committee confidential" documents. Booker counters that the process is "rigged" b/c there's no reason an email about racial profiling should be comte confid. Lee says he agrees; doesn't know why it was marked comte confid.
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That was a kinda remarkable exchange. Lee basically disclaimed the secrecy here, said he had nothing to do with the decision to make the docs comte confid and didn't think that one should be.
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Again, this is, in part, a result of the unprecedented way the documents are being handled. It isn't NARA making the first call and then presidents, former and current, objecting. It's just GWB's office making the first call, and then letting DOJ direct that more be kept secret.
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Cameras in the courtroom. Kavanaugh says that others oppose it, so he’s wanting to back off until he’s there, “if I’m lucky enough to be there.” He then begins to add a caveat: “As to the decisions, if I were starting — I think I’ll stop there.” Sounded like he’d be OK w that!
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Note: Earlier this summer, the Supreme Court denied a request from a group of reporters for the audio of the opinion announcement in the travel ban case, Trump v. Hawaii, to be released early.
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Kennedy has moved on to talking about Chevron deference.
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Sen. Harris is up. She asks if he's discussed Mueller with anyone? Then, she asks specifically about the Kasowitz firm. Kavanaugh: "I'm not remembering."
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Lee raises an objection. Says law firms have lots of people at them — and then is interrupted by a protester — but then continues to say there's a lot of people at firms.
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