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The confirmation hearing to confirm Brett Kavanaugh is going on right now. Yes, the future of reproductive freedom and a host of other civil rights are on the line, but first we are going to get a lesson in Roberts Rules of Procedure. Which sounds boring, but it has been anything but that.
Democrats have been pushing for a postponement of the proceeding — after over 42,000 documents were dropped on them last night and an additional 100,000 are being withheld on executive privilege grounds. But Senator Chuck Grassley is not having any of that “fair hearing” nonsense and will charge forward despite all objections.
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Here are some of the best reactions to the proceeding on legal Twitter. We’ll be updating the post as the hearings continue.
Had the GOP just withheld all the documents, people would just tune out the Dems who've been beating that horse for weeks. Dumping 42K on them now only helps their case.
Whenever you start thinking the GOP are wily trickster geniuses they do this amateur hour stuff.
— Joe Patrice (@JosephPatrice) September 4, 2018
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Live look: Senate Judiciary Committee hearing pic.twitter.com/HcKyE5yGxH
— Jack Metzler (cleaned up) (@SCOTUSPlaces) September 4, 2018
The Dems persist in asking for votes on motions to adjourn or postpone, which Grassley persists in ruling out of order and just now “denied” unilaterally. Grassley has a majority on this committee and (presumably) could win these motions, but won’t agree to a test of strength.
— southpaw (@nycsouthpaw) September 4, 2018
https://twitter.com/KevinDaleyDC/status/1036981255852773376
https://twitter.com/BlanksSlate/status/1036977197809131520
Grassley insists the Kavanaugh documents have been turned over in a fast and transparent fashion.
Lol okay Chuck
— Jessica Mason Pieklo (@Hegemommy) September 4, 2018
I saw the kagan production of docs firsthand.
There was no withholding.
There was no exec priv claims to shield 100k docs.
There was no 42k document dump at 9pm the night before the hearing.
That is what senators Grassley and Cornyn demanded. https://t.co/Xsqqb3MQEm
— Neal Katyal (@neal_katyal) September 4, 2018
So, after an hour, @ChuckGrassley pushes on with no vote. #confirmation
— Elie Mystal (@ElieNYC) September 4, 2018
https://twitter.com/JRubinBlogger/status/1036992300549910529
With the procedural battle seemingly lost by Democrats, the opening statements by the senators have begun.
Robert Bork gets mentioned at the #ConfirmationHearing — everybody drink
— Kathryn Rubino (@Kathryn1) September 4, 2018
Feinstein now listing all the other rights protected in the penumbra of privacy rights:
Who you can marry
If you can homeschool
What doctor you can see— Jessica Mason Pieklo (@Hegemommy) September 4, 2018
https://twitter.com/meganfrancis/status/1036990381668192257
https://twitter.com/AngryBlackLady/status/1036995006190346240
Hatch now invoking Kavanaugh's reviews from students calls them "off the charts" notes Kavanaugh also coaches basketball, eats pasta with ketchup
This is what the GOP believes constitutional advise and consent looks like
— Jessica Mason Pieklo (@Hegemommy) September 4, 2018
Hatch emphasizing "WOMEN" in his remarks as if they are from another planet.
— Eric Segall (@espinsegall) September 4, 2018
Odds Hatch would've used the word "loudmouth" if the protester weren't a woman? https://t.co/xNvJQ4vJJD
— Mark Joseph Stern (@mjs_DC) September 4, 2018
https://twitter.com/SymoneDSanders/status/1036996748324102144
Senator Hatch: "If we could just get the politics out of this." #KavanaughConfirmation @espinsegall: pic.twitter.com/BKgL4MpAV8
— Josh Douglas (@JoshuaADouglas) September 4, 2018
Such INSOLENCE shown by these women who do not want their reproductive freedom extinguished by a bare Supreme Court majority, 80% of which was selected by presidents who lost the popular vote!
— Scott Lemieux (@LemieuxLGM) September 4, 2018
https://twitter.com/nancyleong/status/1036997934565482496
For every elite female lawyer with business before the court who endorses Kavanaugh, how many Jane Does (or Jane Roes) will there be?
— Irin Carmon (@irin) September 4, 2018
Leahy: "All told, only 4% of [Kavanaugh']s White House record has been shared with the public; only 7% with the committee." In contrast, "99% of Justice Kagan's records were available to all of the public. What is being hidden and why? … It's not only shameful, it's a sham."
— Chris “Law Dork” Geidner (@chrisgeidner) September 4, 2018
Cornyn is very upset that Dems have their minds made up on Kavnaugh based solely on his judicial record
— Jessica Mason Pieklo (@Hegemommy) September 4, 2018
"What we've heard is the noise of democracy" @SenatorDurbin on the disruptions during the #KavanaughConfirmationHearing. Learn more about the grave concerns surrounding the nominee's record: https://t.co/GjILFclvhn
— American Constitution Society (@acslaw) September 4, 2018
Merrick Garland was nominated 902 days ago. Is his hearing scheduled soon? https://t.co/Qg1Tk7IJi9
— Josh Douglas (@JoshuaADouglas) September 4, 2018
Also, since @ChuckGrassley and @SenMikeLee have already invoked the so-called "Ginsburg Rule," we look forward to Judge Kavanaugh explaining his views of equality between men and women and the right to access abortion, as then-Judge Ginsburg did: https://t.co/dcHpoMOB7k
— Constitutional Accountability Center (CAC) (@MyConstitution) September 4, 2018
Two big Qs going into the first day of Kavanaugh's confirmation hearing were: 1) Could Democrats find a way to stop or postpone the hearing, and 2) Was there any indication a Republican would break ranks. From what we've seen so far, the answer to both has been no
— Zoe Tillman (@ZoeTillman) September 4, 2018
After a lunch break, the opening statements continue.
July 7: "McConnell made clear in multiple phone calls with Mr. Trump [McGahn] that the lengthy paper trail of another top contender, Judge Brett M. Kavanaugh, would pose difficulties for his confirmation." https://t.co/ABHWTZUwte Today: Nah, skip it.
— Irin Carmon (@irin) September 4, 2018
Hey Senate staffers who might have a boss that wants to question Judge Kavanaugh about is decision which will allow foreign money to flow in our elections:.read this: https://t.co/KkEMASoUev
— Rick Hasen (@rickhasen) September 4, 2018
Our report, just released by Brookings, explains why unresolved issues and still-hidden documents constitutionally REQUIRE the Senate to pause the Kavanaugh hearings:https://t.co/HKW0dpAavV via @BrookingsInst
— Laurence Tribe ⚖️ (@tribelaw) September 4, 2018
Cop in the Senate coffee shop tells me the number of people arrested today for protesting Kavanaugh is up to about 40, including 9 arrested in the Dirksen building.
— Stephanie Mencimer (@smencimer) September 4, 2018
Sen. Klobuchar says Kavanaugh's hearing is "not normal," pointing to the events swirling around it — from Russian interference in the election and Mueller's investigation to Trump's attacks on DOJ and federal judges who have ruled against his administration
— Zoe Tillman (@ZoeTillman) September 4, 2018
Judge Kavanaugh’s resting expression is grim. But he cracked a smile when Senator Klobuchar praised his decision to write for @MinnesotaLawRev.
— Adam Liptak (@adamliptak) September 4, 2018
Sasse says the "hysteria" isn't really about Kavanaugh, but the broader politicization of #SCOTUS: "People are gonna pretend that Americans have no historical memory and supposedly there haven’t been screaming protesters saying women are gonna die at every hearing for decades"
— Zoe Tillman (@ZoeTillman) September 4, 2018
"Judge Kavanaugh doesn't lust after dirty water and stinky air." Also a very real quote!
— Sarah Mimms (@mimms) September 4, 2018
Flake reminds everyone that Kavanaugh coaches youth basketball and enters into the record a letter of recommendation from parents of the youth teams
— Jessica Mason Pieklo (@Hegemommy) September 4, 2018
I fully endorse Brett Kavanaugh for a tenured appointment as a junior high school basketball coach
— Scott Lemieux (@LemieuxLGM) September 4, 2018
Sen. Flake read Trump's DOJ tweet from yestrdy. "That is why a lot of people are concerned about this administration and why they want to ensure that our institutions hold." Flake praises Sessions, and says he expects to question Kavanaugh closely on executive power.
— southpaw (@nycsouthpaw) September 4, 2018
Blumenthal now laying out all the possible legal issues surrounding Trump as an unindicted co-conspirator.
There are a lot
— Jessica Mason Pieklo (@Hegemommy) September 4, 2018
Richard Blumenthal asks Brett Kavanaugh to "condemn this attack on the rule of law," referring to Trump bashing the Justice Department and AG Sessions.
— Sahil Kapur (@sahilkapur) September 4, 2018
Booker reiterates the call for more time to wait for the full production of documents: "It will cause no harm or damage, except to have more of a full telling of what is at stake here."
— Zoe Tillman (@ZoeTillman) September 4, 2018
@senbooker repeats that he wouldn't even hire an intern after seeing less than 10 percent of their resume. #KavanaughHearings
— Kimberly Robinson (@KimberlyRobinsn) September 4, 2018
Who wants to tell Booker about Bush v. Gore? https://t.co/p17iTJzNiA
— Joe Patrice (@JosephPatrice) September 4, 2018
Sen. Tillis says new document software makes it easy to go through 42000 documents when given to you 9pm the night before. Can I please get that software program? I could really use it. I think others could too.
— Neal Katyal (@neal_katyal) September 4, 2018
@SenKamalaHarris makes a really good point right now, which is basically "you want us to speedread these 42K documents, but it took 57 days for these docs to even be reviewed by Burck team, seems unfair for you to want us to read these in 1 night."
— Neal Katyal (@neal_katyal) September 4, 2018
Sen. Lindsey Graham: "This is shaping up to be the hypocrisy hearing."
Chief Judge Merrick Garland, watching from his laptop in his chambers: "mmm hmmm"
— Steven Mazie (@stevenmazie) September 4, 2018
And Judge Kavanaugh (finally) begins his statement:
Today's hearing will now conclude with Judge Kavanaugh delivering his opening statement — questions will start tomorrow. Here are excerpts of Kavanaugh's remarks that the White House put out earlier today: pic.twitter.com/ukZKZWFmWA
— Zoe Tillman (@ZoeTillman) September 4, 2018
(This post originally contained tweets by and about Fred Guttenberg, father of Parkland massacre victim Jaime Guttenberg. Those are discussed in more detail here.)