Kavanaugh Confirmation Hearings: Day 2 Real Time Updates
Too busy to watch the hearings? Here's what you need to know.
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):
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
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 (@scotusreporter) September 5, 2018
"Let them have their free speech" Chairman Grassley says wearily about protesters who keep interrupting Kavanaugh.
(Protesters are being arrested and charged with disorderly conduct, for what it's worth)— Byron Tau (@ByronTau) September 5, 2018
Grassley's giving a stellar case for why he should have confirmed Merrick Garland right now.
— Joe Patrice (@JosephPatrice) September 5, 2018
Sponsored
The Business Case For AI At Your Law Firm
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
Legal AI: 3 Steps Law Firms Should Take Now
Generative AI In Legal Work — What’s Fact And What’s Fiction?
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We wouldn't have to deal with all this parsing of Heller and gun types and such if we just repealed the Second Amendment, as prominent conservative @BretStephensNYT has argued: https://t.co/ZkMwaueRPL – #SCOTUS #KavanaughConfirmation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
Sponsored
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
Generative AI In Legal Work — What’s Fact And What’s Fiction?
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 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.
— Sen 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
Real problem for Kavanaugh:
"I have never taken a position on the Constitution" on question of president being subject to criminal process (reply to @SenFeinstein). He says wrote only advice for Congress.
That's not accurate, as Bob Bauer and I wrote:https://t.co/WE9odbokeJ
— Ryan Goodman (@rgoodlaw) September 5, 2018
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
Pay attention to this. I remember when republican senate staff hacked into democratic staff computers like it was yesterday because I was on Leahy's Judiciary staff then. Kavanaugh was asked about this under oath previously. So let's see what he says now. #whataretheyhiding https://t.co/M3Lla6QA21
— Kristine Lucius (@lucius4justice) September 5, 2018
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.
— 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
.@SenatorLeahy says that there are “Committee Confidential” documents that will show that Kavanaugh received emails stolen from Leahy in 2002 regarding judicial nominees. That designation means Leahy cannot ask Kavanaugh abt them at this hearing. #KavanaughHearings
— Sherrilyn Ifill (@Sifill_LDF) September 5, 2018
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
Totes obvs. Just using originalism when it leads to GOP-favored results but ignoring it when it might lead to Dem-favored results. That's consistency!
— David S. Cohen (@dsc250) September 5, 2018
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 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
#Kavanaugh's focus on (1) minor status and (2) immigration sponsor placement in Garza foreshadows how #SCOTUS could very effectively gut Roe without overruling it. Overruling Roe/Casey is unnecessary to making abortion effectively unavailable in much of the country.
— Nancy Leong (@nancyleong) September 5, 2018
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
Durbin is asking good questions. But Kavanaugh has been prepped for all this so none of it matters. pic.twitter.com/fGvjZ0T2Hc
— Imani Gandy o—€ (@AngryBlackLady) September 5, 2018
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
— 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
