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Kavanaugh, in marathon hearing, is grilled on abortion, presidential power
WASHINGTON, Sept 6, 2018 (BSS/AFP) – President Donald Trump’s US Supreme
Court nominee said Wednesday he would not let political pressure threaten his
judicial independence, as he assured senators he respected the landmark legal
precedent protecting abortion rights.
Through an at-times tense 12-hour session on Day 2 of Judge Brett
Kavanaugh’s confirmation hearing, lawmakers grilled him over the
administration’s withholding of documents from his time in the Bush White
House, gun legislation, the ongoing Russia investigation and whether a
sitting president can be compelled to respond to a subpoena.
The 53-year-old conservative jurist was tapped by the president to succeed
retired justice Anthony Kennedy — often the swing vote on the country’s
highest court — in a lifetime appointment.
Should he win confirmation, Kavanaugh would be Trump’s second nominee on
the nine-member bench, and could solidify a hard-right court majority and
help shape key aspects of American society for a generation.
Kavanaugh — a deeply controversial figure seen by progressives as a
threat to women’s health care rights — was asked about Roe v Wade, the 1973
Supreme Court decision that protects abortion rights.
He told the Senate Judiciary Committee he considered it “settled as a
precedent of the Supreme Court.”
“I don’t live in a bubble, I live in the real world,” the judge, who sits
on the US Court of Appeals in Washington, assured Democrat Dianne Feinstein.
“I understand the importance of the issue.”
Trump campaigned on a promise to nominate pro-life judges and justices,
and Democrats worry that Kavanaugh will seek to roll back abortion rights if
he wins the backing of a straight majority in the 100-member Senate.
“Yes, of course he will” seek to gut or overturn Roe v Wade, tweeted
Hillary Clinton, the 2016 Democratic presidential candidate.
Protesters repeatedly interrupted proceedings through the day. Seventy-
three people were arrested by police for unlawful demonstration activities,
police said.
MORE/FI/ 0959 hrs
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“If you love America, stop this travesty!” boomed one woman as she was
ejected. – ‘Loyalty’ to US Constitution –
Senate Democrat Dick Durbin pressed Kavanaugh over his dissenting opinion
in a 2017 case involving a pregnant undocumented immigrant. He argued that
the detained 17-year-old needed to be transferred to an “immigration sponsor”
before being immediately allowed an abortion.
“I did my level best in an emergency posture,” Kavanaugh said.
Democrats have also voiced concern about the nominee’s views on the scope
of presidential power.
Republican Senator Orrin Hatch bluntly asked Kavanaugh what loyalty he
owes Trump.
“I owe my loyalty to the Constitution,” Kavanaugh responded, holding up
his tattered copy of the document.
“No one is above the law.” Some 11 hours into the proceedings, Senator
Kamala Harris launched some of the day’s toughest questioning, demanding to
know whether Kavanaugh had ever spoken with anyone at the law firm of Marc
Kasowitz, a personal lawyer to Trump in 2017, about the investigation being
conducted by special counsel Robert Mueller.
Kavanaugh appeared caught off guard. “I’m not remembering,” he said.
“I think you’re thinking of someone and you don’t want to tell us,” Harris
replied, as tensions soared.
In past comments, Kavanaugh has supported an expansion of presidential
immunity from prosecution — a dramatic shift from his recommendation for
strong action against then-president Bill Clinton when Kavanaugh assisted in
a 1990s investigation against him.
Asked Wednesday by Feinstein whether a sitting president can be forced to
respond to a subpoena, he demurred: “I can’t give you an answer on that
hypothetical question.”
Kavanaugh described himself as an “independent” federal judge whose
decisions are founded on law and precedent — “not based on policy, not based
on political pressure.”
– Presidential immunity –
Several of his remarks appeared aimed at assuaging Democratic concerns. He
portrayed himself as a “civil” judge and an admirer of the 1954 Brown v Board
of Education decision that ended segregation laws, calling it “the greatest
moment in Supreme Court history.”
But his refusal to divulge his position on key legal questions vexed some
lawmakers including Senator Cory Booker, who when asked about the judge’s
thinking on racial profiling or voter suppression was met with Kavanaugh’s
argument that he looks at such issues through the lens of court precedent.
Booker insisted he was not concerned about past cases: “I’m worried about
what the law is going to be when you get on the court and change these
precedents.”
The hearing got off to a chaotic start Tuesday, when Democrats sought a
postponement over thousands of withheld documents pertaining to Kavanaugh’s
time in the George W. Bush White House.
Republicans hold a one-vote Senate majority. Should a single Republican
oppose Kavanaugh, it could throw his confirmation into jeopardy, although
there has been little sign that any GOP senator was prepared to buck the
president.
Questioning of Kavanaugh continues Thursday.
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