On Abortion, Kavanaugh Dodges Firm Answer With Talk About Precedent, Importance People Place On Roe V. Wade
On the second day of his Supreme Court hearings, nominee Brett Kavanaugh avoided being pinned down on the women's rights issue, instead talking about the importance of legal precedent. That, however, is not an endorsement. Media outlets offer looks at the top moments of the day.
The Washington Post:
Kavanaugh Debates And Dodges On Day 2 Of His Supreme Court Confirmation Hearing
Supreme Court nominee Brett M. Kavanaugh presented himself to the Senate and the American public Wednesday as an independent judge with an open mind, refusing to be pinned down on legal questions involving investigations of President Trump and how his presence on the court might shift its ideology to the right. Kavanaugh, 53, a judge on the U.S. Court of Appeals for the D.C. Circuit, proved to be an amiable and collected witness during a 12½ -hour day of questioning and dozens of interruptions from screaming protesters, who were quickly escorted outside the committee room by Capitol Police. (Barnes, Marimow, Kim and Viebeck, 9/5)
The New York Times:
What Kavanaugh’s Hearings Reveal About His Beliefs On Abortion, Guns And Presidential Power
Asked about the constitutional right to abortion, Judge Brett M. Kavanaugh talked instead about precedent. He described the Supreme Court’s two key decisions: Roe v. Wade, the 1973 ruling that established a constitutional right to abortion, and Planned Parenthood v. Casey, the 1992 decision that reaffirmed the core of that right. Collectively, he said, the two decisions held that “a woman has a constitutional right to obtain an abortion before viability subject to reasonable regulation by the state up to the point where that regulation constitutes an undue burden on the woman’s right to obtain an abortion.” (Liptak, 9/5)
Los Angeles Times:
Kavanaugh Sticks To His Position On Guns, Dodges Questions About Abortion And Presidential Power
Most legal experts predict that Kavanaugh, if confirmed, will provide the fifth conservative vote on the court to at least restrict abortion rights, if not overturn Roe. During his campaign, Trump promised to appoint only judges who would vote to overturn the abortion ruling. But Kavanaugh seemed eager to raise some doubts about those predictions. “I understand the significance on the issue,” he said Wednesday. “I don’t live in a bubble. I live in the real world.” (Savage, Haberkorn and Wire, 9/5)
The New York Times:
Kavanaugh Ducks Questions On Presidential Powers And Subpoenas
Judge Brett M. Kavanaugh, President Trump’s nominee to the Supreme Court, on Wednesday dodged direct questions about whether the Constitution would allow Mr. Trump to use the powers of the presidency to thwart the Russia collusion and obstruction investigations that are swirling around his administration. (Shear, Liptak and Stolberg, 9/5)
The Wall Street Journal:
Kavanaugh Pledges Fairness As Supreme Court Justice
Democrats—and some Republicans—pushed Judge Kavanaugh on “the elephant in the room,” as Sen. Richard Blumenthal (D., Conn.) put it: President Trump, whose 2016 election campaign and subsequent administration face legal probes that have brought the conviction of his former campaign chairman and guilty pleas by his former lawyer. Clearly anticipating such questions, Judge Kavanaugh at the outset praised Supreme Court cases in which justices voted against the interests of the president who appointed them. U.S. v. Nixon—in which the court unanimously ordered then-President Richard Nixon to turn over potentially incriminating audiotapes in the Watergate scandal—is “one of the four greatest moments in Supreme Court history,” he said. (Bravin and Tau, 9/5)
Politico:
Kavanaugh Dodges Debates That Could Touch Trump
Kavanaugh kept his cool amid frequent demonstrator disruptions throughout the long day and rarely appeared rattled by Democratic questioners, although Coons appeared to carve a chink in the nominee’s armor by pressing him on his views about whether a sitting president can be indicted. (Schor, 9/5)
The Washington Post:
Kavanaugh Hearing: Supreme Court Nominee Won’t Commit To Removing Himself From Cases Directly Affecting Trump
Earlier in the evening, Senate Majority Leader Mitch McConnell (R-Ky.) dismissed Democratic objections to Kavanaugh’s nomination and predicted the judge would be seated on the Supreme Court before its session begins in October. (Kim, Marimow, Barnes and Viebeck, 9/5)
The Associated Press:
Trump Taking Supreme Court Fight To Montana, North Dakota
President Donald Trump is taking the Washington debate over his Supreme Court nominee to the home of two red-state Senate Democrats this week, elevating Judge Brett Kavanaugh's confirmation as a political litmus test for voters. Trump's strategy aims to turn the screws on the lawmakers, Jon Tester of Montana and Heidi Heitkamp of North Dakota, who find themselves caught between Senate leaders and progressive donors who are fighting Kavanaugh's confirmation, and their states' more conservative electorate, which is more broadly supportive of Trump's pick. (Miller and Thomas, 9/6)