US Supreme Court nominee Brett Kavanaugh [SCOTUSblog profile] underwent his third day of questioning [SCOTUSblog live blog] before the Senate Judiciary Committee on Thursday.
The hearings began [CBS report] at approximately 9:30 Thursday morning. Senator Chuck Grassley of Nebraska began my stating that his staff worked until the early morning to accommodate numerous document requests, an issue that was prominent [JURIST report] during the first day of the hearings. Shortly thereafter, Senator Cory Booker of New Jersey threatened to release “committee confidential documents,” a move which could potentially result in Booker’s removal from the Senate. Senator John Cornyn of Texas accused Booker of making the statements in an attempt to garner publicity for his potential presidential run.
During the morning session, the office of Booker released 2003 emails [text, PDF] in which Kavanaugh raised doubts over whether Roe v. Wade is settled law. In the emails, Kavanaugh stated:
I am not sure that all legal scholars refer to Roe as the settled law of the land at the Supreme Court level since Court can always overrule its precedent, and three current Justices on the Court would do so.
The emails were written when Kavanaugh served as an attorney for the White House. Since their release, a lawyer who oversaw the process of handing over the documents to the committee insisted [CNN report] that the material in question was already cleared for public use.
Throughout the rest of the morning session, Kavanaugh also faced questions [FOX report] regarding Robert Mueller’s Russia investigation and his thoughts on a case involving 3D-printed guns [JURIST report]. In response to questions involving any knowledge he may have of the Russian investigation, Kavanaugh stated that he never had any “inappropriate conversations” with any party regarding the matter. On the issue of 3D-printed guns, Kavanaugh stated that he could not comment on the matter in light of the on-going judicial proceedings concerning the issue.
In the afternoon session, Kavanaugh faced questions regarding Obergefell v. Hodges, the opinion that legalized gay marriage, and national security. On Obergefell, Kavanaugh did not comment as to whether the matter was correctly decided, but he did voice his opinion that national security should not serve as a justification for a sitting president to undertake actions which threaten the civil liberties of American citizens.
Also during the afternoon session, Booker pressed [WP report] Kavanaugh on whether he would recuse himself from any matter the high court might hear regarding President Trump and the Russian investigation. Kavanaugh stated that he would not as doing so would imply that he was not judicial independence.
