Kavanaugh Confirmation Hearings: Day 2 Real Time Updates

Well that was a hell of a Day 1, wasn’t it?

Despite the excitement for procedure nerds, not much of substance really happened — they only got through opening statement. But, at long last here we are at Day 2, when the actual questions begin. I’m sure Brett Kavanaugh will hear questions about Roe v. Wade, executive power, guns and *maybe* sexual harassment.

So let’s go through some of the best tweets that legal Twitter has to offer on what’s going on today (we’ll be updating this story throughout the day with the latest and greatest as the hearings continue):

Grassley notes that "no one is above the law." Kavanaugh resists natural urge to say, "except the president, of course."

— Joe Patrice (@JosephPatrice) September 5, 2018

Grassley and Kavanaugh move quickly to inoculate him against expected Democratic questions on U.S. v Nixon and protecting president. Here's a previous story on the issue https://t.co/jGMLByJV32

— Robert Barnes (@robert_a_barnes) September 5, 2018

https://twitter.com/ByronTau/status/1037338538616999937

Grassley's giving a stellar case for why he should have confirmed Merrick Garland right now.

— Joe Patrice (@JosephPatrice) September 5, 2018

Judge Kavanaugh: My personal beliefs are not relevant to how I decide cases. Role of precedent is to ensure stability & predictability in the law, which is critically important. People rely on decisions of the courts. Precedent reinforces independence & impartiality of judiciary.

— RNLA ⚖️ (@TheRepLawyer) September 5, 2018

Retweeting myself into oblivion https://t.co/FyhgEadGxB

— Irin Carmon (@irin) September 5, 2018

We wouldn't have to deal with all this parsing of Heller and gun types and such if we just repealed the Second Amendment, as prominent conservative @BretStephensNYT has argued: https://t.co/ZkMwaueRPL – #SCOTUS #KavanaughConfirmation

— David Lat (@DavidLat) September 5, 2018

#Kavanaugh says #SCOTUS precedent required his decision, but his colleagues disagreed. Here's what Judge Ginsburg said: "[u]nlike our dissenting colleague, we read Heller straightforwardly. [SCOTUS] there left open and untouched even by implication the issue presented . . . .” pic.twitter.com/D1oGyN0fTP

— Brianne Gorod (@BrianneGorod) September 5, 2018

Feinstein's decision to start with guns appears to be paying dividends as Kavanaugh argues that AR-15s and the like cannot be regulated under the constitution because they are widely-owned. (There's a passage in Scalia's decision in Heller that says essentially the opposite.)

— southpaw (@nycsouthpaw) September 5, 2018

Shorter @SenFeinstein: "Are you a Republican?"#Kavanaugh: "Yup."
Feinstein: "I don't like that."
Kavanaugh: "k"

*This* is why the Dems didn't walk out of the hearing? For this?

— Elie Mystal (@ElieNYC) September 5, 2018

Kavanaugh: "I don't know what you mean by the Bush White House." Neither did Bush.

— Eric Segall (@espinsegall) September 5, 2018

Kavanaugh notes that Roe "has been reaffirmed many times … most importantly in Planned Parenthood v Casey."

Kavanaugh: "I understand the importance of the issue. … I don't live in a bubble. I live in the real world."

— Chris “Law Dork” Geidner (@chrisgeidner) September 5, 2018

Kavanaugh explains how 9/11 completely changed his worldview. Originalism in action!!!

— Joe Patrice (@JosephPatrice) September 5, 2018

Judge Brett Kavanaugh clarifies his position on United States v. Nixon, which he considers one of the four great moments in #SCOTUS history (Marbury, Youngstown, Brown, Nixon). #KavanaughConfirmation

— David Lat (@DavidLat) September 5, 2018

After months of watching nominees get beat up over Brown v. Board, Kavanaugh's bending over backward to keep giving it lip service.

— Joe Patrice (@JosephPatrice) September 5, 2018

Thomas, Alito, Roberts and Gorsuch used the same playbook: 1. Profess loyalty to precedent in Senate hearings 2. Overturn precedent once on the bench. We can’t accept vague promises from Brett Kavanaugh when women’s reproductive freedom is at stake.

— Senator Dianne Feinstein (@SenFeinstein) September 5, 2018

Why is it OK for Kavanaugh to say whether US v Nixon (1974) was rightly decided but not to say whether Roe v Wade (1973) was rightly decided? Both are controversial cases of a similar vintage that are likely to affect SCOTUS decisions while Kavanaugh is on the bench

— Daniel Hemel (@DanielJHemel) September 5, 2018

https://twitter.com/rgoodlaw/status/1037349168732430338

Kavanaugh refusing to answer @SenFeinstein’s direct Q abt whether US v Nixon was correctly decided. He says he cannot answer this Q that could come before him. He answered it outside hearing rm at a public event that it may have been wrongly decided. Why won’t he answer it now?

— Vanita Gupta (@vanitaguptaCR) September 5, 2018

Was Watergate tapes rightly decided? "Yes," Kavanaugh says, calling AP's and others' reports that he had questioned outcome out of context. Kavanaugh also refuses to says whether a president could be subpoenaed in a criminal case

— Mark Sherman (@shermancourt) September 5, 2018

Hatch asks what loyalty he owes to Trump

Kavanaugh says he owes loyalty to the constitution

This exchange is exactly why people hate these hearings and call them meaningless

— Jessica Mason Pieklo (@Hegemommy) September 5, 2018

Sen. Hatch asks if J.Kav will be independent if a Trump case comes before him. J.Kav answers saying he is an independent judge and always has been. I agree-he will be independent. The harder Q is if J.Kav was picked b/c of his preexisting views on these Qs and Pres power/subpoena

— Neal Katyal (@neal_katyal) September 5, 2018

As Hatch questions Kavanaugh, try to follow this flow:

Judge Kavanaugh, President Bush's former Staff Secretary, recommended Rob Porter, Orrin Hatch's Chief of Staff, to be Trump's Staff Secretary.

— Mike Sacks (@MikeSacksEsq) September 5, 2018

Kavanaugh then cites a Greenhouse NYT piece on the lack of women law clerks at SCOTUS.

Kavanaugh said that made him think about what he could do about this problem

— Jessica Mason Pieklo (@Hegemommy) September 5, 2018

Hatch says Koz questions amount to "guilt by association." Kavanaugh did, you know, help run Kozinski's hiring process. But now he acts like he barely met the guy.

— Joe Patrice (@JosephPatrice) September 5, 2018

Kavanaugh: "Kozinski who?"

— Eric Segall (@espinsegall) September 5, 2018

I understand and appreciate this. But it gives cold comfort given his record (statements and caselaw) on Roe and whether we as women can control our own bodies. https://t.co/NZiZkEkSlF

— Vanita Gupta (@vanitaguptaCR) September 5, 2018

Here's more info on the Kozinski/Kavanaugh issue. Kavanaugh said he did not know about former's sexual misconduct until news broke in Dec. 2017 & praised judiciary's response to it, saying, though, that more needs to be done to eradicate such misconduct https://t.co/CDaPSjUeDj

— Fix the Court (@FixTheCourt) September 5, 2018

This is stunning.

.@SenFeinstein: are you worried about AR-15s being used in so many school shootings? #Kavanaugh: Yea, it's sad. But we need to "harden" our schools. Lots of people use AR-15s for self defense. (Shorter: School shootings are the price we pay for "freedom") pic.twitter.com/EhttL30Gp1

— igorvolsky (@igorvolsky) September 5, 2018

Hatch has introduced legislation to undo Chevron FWIW

Kavanaugh says this is an issue of "liberty"

— Jessica Mason Pieklo (@Hegemommy) September 5, 2018

Wait, Kavanaugh now talking about Chevron hypos…..what? @DanielJHemel

— Eric Segall (@espinsegall) September 5, 2018

https://twitter.com/lucius4justice/status/1037358667706892288

Kavanaugh stands by his previous statements and said he didn't mislead the committee

Kavanaugh tries to filibuster and Leahy cuts him off

— Jessica Mason Pieklo (@Hegemommy) September 5, 2018

Now THIS is a perjury trap

— Mike Sacks (@MikeSacksEsq) September 5, 2018

If the politics surrounding this confirmation were any different, then this would be ballgame right here.

— Mike Sacks (@MikeSacksEsq) September 5, 2018

I have some sympathy for Kavanaugh here because I don't even remember reading this story, much less writing it.

https://t.co/ZfCDd7wx7y

— Jeffrey Toobin (@JeffreyToobin) September 5, 2018

On another note, trying to find electronic information about Manuel Miranda (the culprit in the Senate Judiciary Comte hearing in 2002) in 2018 is like totally impossible due to @Lin_Manuel occupying the entire internet in this space.

— Neal Katyal (@neal_katyal) September 5, 2018

Kavanaugh was not prepared for this. He looks very uncomfortable right now. https://t.co/LTChvOuYAA

— Jennifer Bendery (@jbendery) September 5, 2018

Leahy asks if Kavanaugh ever got an email from a GOP staffer that references stolen materials.

Kavanaugh asks if Leahy has such an email

Leahy says ask Grassley

Folks my money is on that email existing and this is how Leahy just got around confidentiality

— Jessica Mason Pieklo (@Hegemommy) September 5, 2018

https://twitter.com/Sifill_LDF/status/1037363703715454977

Graham notes that a Parkland parent is in the audience and gives Kavanaugh a chance to tell them about his job as a judge

Note Kavanaugh could have done that personally yesterday but chose to snub instead

— Jessica Mason Pieklo (@Hegemommy) September 5, 2018

Lindsey Graham is leading the #Guttenberg rehabilitation campaign for #Kavanaugh. Of course it's a Republican who first brought this up… because Dems have no freaking clue what they're doing.

— Elie Mystal (@ElieNYC) September 5, 2018

Is it just me or did Lindsey Graham try to throw Kavanaugh a lifeline on the Parkland thing and Brett just say, "yeah I like homeless people"?

— Joe Patrice (@JosephPatrice) September 5, 2018

The point Graham is making is that presidents appoint judges who share their philosophy. He's right.

He's also confirming Kavanaugh is the fifth vote to kill/gut Roe and upend most the New Deal

— Jessica Mason Pieklo (@Hegemommy) September 5, 2018

Graham talking as if Garland never happened.

— Eric Segall (@espinsegall) September 5, 2018

Sen Graham says "I wish we could have a hearing where a nominee's kids could show up."

I agree. But I also think Chief Judge Garland's kids would have liked to have shown up to his hearing.

— Neal Katyal (@neal_katyal) September 5, 2018

https://twitter.com/dsc250/status/1037380106837217281

Kavanaugh reads a line from Casey: "Minors benefit from consultation about abortion."

Durbin says that Kavanaugh is adding to the requirements of Texas law.

— Chris “Law Dork” Geidner (@chrisgeidner) September 5, 2018

Brett Kavanaugh discussing his ruling in the abortion case Garza v. Hargan, which is pending in the DC Circuit (argument set for Sept. 26). Dispute could reach SCOTUS, where Kavanaugh would be recused.

— Mike Scarcella (@MikeScarcella) September 5, 2018

https://twitter.com/nancyleong/status/1037388176610844674

I applaud Durbin slowplaying the NLRB question:
"Aw, you had to mow some lawns when you were a kid… let's talk about these immigrants you fucked over"

— Joe Patrice (@JosephPatrice) September 5, 2018

https://twitter.com/AngryBlackLady/status/1037389457316491264

Sen. Whitehouse is entirely correct about the sleazy scheming that led to Janus.https://t.co/0qW9sIold8 pic.twitter.com/U8E04f2Xqi

— Mark Joseph Stern (@mjs_DC) September 5, 2018

Whitehouse notes that under the Roberts Court at least 80 cases have been decided along partisan lines

The signaling on this is not good, Whitehouse says

— Jessica Mason Pieklo (@Hegemommy) September 5, 2018

But Mark Janus didn't get fired after lending his name to a brutal assault on labor—he collected his rewards from the plutocrats who used him. https://t.co/oQmmdLeMuk

— Mark Joseph Stern (@mjs_DC) September 5, 2018

 

One of the cases @SenWhitehouse is referring to: Janus v. AFSCME. (The ppl who funded Janus were same ppl Gorsuch regaled at Trump Hotel last Sept. https://t.co/as1DZr9t6K. That's not a good look! Kav should say that if confirmed, he'd seek out audiences with diverse ideologies)

— Fix the Court (@FixTheCourt) September 5, 2018

In his questioning of Judge Kavanaugh, @SenWhitehouse cited a result from CAC's voter survey, conducted with @MarkMellman, on #SCOTUS and corporations: https://t.co/GSBaTr7XIB #WhatsAtStake

— Constitutional Accountability Center (CAC) (@MyConstitution) September 5, 2018

Mike Lee asks about judicially deferring its powers entirely to the "Committee on Good Law." Amazingly this is a hypothetical that Kavanaugh has no problems discussing. Weird how that works.

— Joe Patrice (@JosephPatrice) September 5, 2018

So Kavanaugh self-identifies as a "public meaning oriignalist" but also says subsequent developments matter as does liquidation. Under this definition, of course, there's no difference b/t originalism and living constitutionalism.

— Eric Segall (@espinsegall) September 5, 2018

 

I really don't understand why @amyklobuchar is not the *presumptive* frontrunner for the Dem nomination in 2020.
She's consistently one of the most prepared on any topic in any hearing. She's great on TV. She takes NO S**T from the GOP. She's popular in a key state.

— Elie Mystal (@ElieNYC) September 5, 2018

Klobuchar moves to Kavanaugh's dissent that would have found the CFPB unconstitutional

That's Consumer Finance Protection Bureau

— Jessica Mason Pieklo (@Hegemommy) September 5, 2018

Love this: @tedcruz suggests J. Kavanaugh and Merrick Garland vote together almost all (93%) of the time. If Cruz really thought Garland&Kav are the same, why didn’t they give Garland a hearing and confirm him?

It’s b/c in the small % of hard cases, there is profound disagmt.

— Neal Katyal (@neal_katyal) September 5, 2018

 

One fine day a Supreme Court nominee is going to be questioned about the collapse of reconstruction and the Court's role in causing it, rather than being allowed to fast forward from Plessy v. Ferguson in 1896 to Brown v. Board in 1954.

— southpaw (@nycsouthpaw) September 5, 2018

Kavanaugh on importance of Federalism: "You know better your local elected officials." Why do we continue to let Federalism junkies run with this fiction?

Quick! Name your state Rep. Now name your U.S. Senator.

— Joe Patrice (@JosephPatrice) September 5, 2018

Senator @TedCruz just asked Judge Brett Kavanaugh about the Ninth Amendment and unenumerated rights; let's all nerd out now! #SCOTUS #AppellateTwitter #KavanaughHearings

— David Lat (@DavidLat) September 5, 2018