Morning Briefing
Summaries of health policy coverage from major news organizations
New Emails May Undercut Kavanaugh's Earlier Deference To Precedent When It Comes To Overturning Roe V. Wade
The New York Times: Newly Revealed Emails Raise Fresh Objections To Kavanaugh Confirmation
The disclosure on Thursday of dozens of previously secret emails involving Judge Brett M. Kavanaugh provoked pointed new questions on the third day of his Supreme Court confirmation hearings, as Democrats pressed him to explain fresh disclosures on abortion rights, affirmative action and previous testimony to the Senate. Much of the tumult surrounded one quotation from an email that Judge Kavanaugh wrote as a lawyer in George W. Bush’s White House concerning the landmark abortion decision Roe v. Wade: “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.” (Savage and Stolberg, 9/6)
The Wall Street Journal: Kavanaugh Weathers Raucous Hearing
The nominee told senators at the hearing that in the email he was evaluating how the Supreme Court might view a particular issue, not providing his own viewpoint on Roe. Judge Kavanaugh established a strongly conservative record on the D.C. Circuit Court. If he is confirmed to replace the retiring Justice Anthony Kennedy, it is expected by Republicans and Democrats alike to shift the Supreme Court’s jurisprudence sharply to the right. (Bravin and Tau, 9/7)
Politico: Kavanaugh Faces New Scrutiny Over Abortion After Leaked Email
But his 2003 email pointed out what he hasn’t acknowledged in testimony on Roe — that the Supreme Court could reverse precedent. “To be very clear, Judge Kavanaugh personally highlighted that precedent can be overturned,” Sen. Patty Murray (D-Wash.), the ranking member of the health committee, said in a press conference Thursday. “And he was literally counting the number of judges who stand ready to overturn Roe v. Wade.” (Cancryn and Roubein, 9/6)
Politico: Partisan Brawl Erupts After Booker Releases Kavanaugh Docs
Democrats have fumed for weeks over the withholding of hundreds of thousands of pages of documents from Kavanaugh’s years in the George W. Bush White House, including a massive tranche of records that lawyers working for Bush had limited only to Judiciary Committee senators. That secrecy collapsed in dramatic fashion Thursday as Democratic senators vowed to begin releasing records they said were unfairly withheld and highly relevant to the confirmation. (Schor, 9/6)
The New York Times: Here’s What Happened On Day 3 Of The Kavanaugh Confirmation Hearing
Judge Kavanaugh’s abortion views created a stir outside the hearing room. Adding to the concerns of abortion rights advocates was a Kavanaugh reference to contraceptives as “abortion-inducing drugs.” He was answering a question from Senator Ted Cruz, Republican of Texas, about his dissent in a case involving Priests for Life, a religious organization that objected to a regulation under the Affordable Care Act requiring many employers to provide free insurance coverage for contraception to their female workers. The group had objected to an accommodation offered by the Obama administration that allowed it to obtain a waiver by completing a form. (Stolberg, Savage and Liptak, 9/6)
Politico: Murkowski, Collins Face New Abortion Pressure On Kavanaugh
A newly released email by Brett Kavanaugh, weighing in on the future of abortion rights, is putting new pressure on two moderate Republicans who hold the keys to his confirmation. But Lisa Murkowski of Alaska and Susan Collins of Maine aren’t raising concerns yet. (Everett, 9/6)
The Washington Post: Trump And Questions Of Presidential Power Dominate Third Day Of Kavanaugh Hearings
Members of the Senate Judiciary Committee, including some Republicans, pressed Kavanaugh about the judge’s expansive views of presidential power and past writings that concluded civil suits and criminal investigations of presidents would be better delayed until the chief executive left office. Democratic senators said it was crucial to have an independent Supreme Court in what Sen. Richard J. Durbin (D-Ill.) called “the age of Trump.” (Barnes, Kim, Marimow and Berman, 9/6)
Los Angeles Times: New Documents Released About Kavanaugh, But Trump's High Court Pick Is On Track For Confirmation
With Republicans in control of the Senate, Kavanaugh now appears on track to be confirmed by the end of the month. “You’re gonna get confirmed,” Sen. Lindsey Graham (R-S.C.) told him. “You’re gonna make it.” (Haberkorn, Savage and Wire, 9/6)
The New York Times: The Future Of Abortion Under A New Supreme Court? Look To Arkansas
When a patient arrived this spring at the only abortion clinic in western Arkansas, the doctor had startling news: A new state law had gone into effect, and clinics could no longer perform abortions via medication in the state. “Wait — all of Arkansas?” the patient asked her doctor, Stephanie Ho. “Yes,” Dr. Ho remembered replying. (Tavernise, 9/7)
The New York Times: Democrats Grilling Kavanaugh Have Their Eyes On 2020
The questioning of Judge Brett M. Kavanaugh had not even begun Thursday morning when Senator Cory Booker, Democrat of New Jersey, threatened to release secret emails — even if it meant being expelled from the Senate. “This is about the closest I’ll ever come in my life to an ‘I am Spartacus’ moment,” the senator declared with a flourish. (Stolberg, 9/6)
The Washington Post: Potential 2020 Candidates Use Kavanaugh Hearings To Show Resistance To Trump
Sen. Cory Booker (N.J.) on Thursday portrayed himself as a rebel willing to face expulsion from the Senate for releasing confidential documents from Kavanaugh, describing it as his “I am Spartacus” moment. In reality, the documents had already been cleared for release. Sen. Kamala D. Harris (Calif.) hinted that she might have hard evidence that Kavanaugh spoke about the special counsel investigation with someone at the law firm founded by Trump’s personal attorney. But she offered no such details when pressed. Booker and Harris, two of the Democratic Party’s most prominent African Americans, took the headline-grabbing but shaky steps to put their opposition to Trump and Kavanaugh on full display for the country. (Sullivan, 9/6)
