"If you walk into my court room and you have the better legal arguments, you will win".
It was a textualist judicial philosophy - one seemingly meant to assuage concerns that his confirmation would represent a rightward turn for the nation's high court.
"When he says, 'It's all about precedent for me, ' I think on some level he's objectively being honest", Clark said by phone Wednesday.
"I've tried to be a very collegial judge, I've tried to be civil", he said.
"It may not be on his preference for key lime pie over chocolate, for instance, but it is a personal belief about what the Constitution requires and what regulatory agencies can and cannot do", she said. Democrats have been particularly interested in whether documents would reveal more about whether Kavanaugh played a role in developing Bush's policy on torture.
"That's his record", she said. In 1967, the Supreme Court made clear in Loving that the U.S. Constitution protects the right to marry as a fundamental right as part of our right to "liberty", and that state prohibitions on interracial marriage violate that liberty right, as well as the right to equal protection of the law, which are both guaranteed by the 14th Amendment.
The last Democrat to question Kavanaugh, Senator Kamala Harris, began with a real-world two-by-four slam, asking him if he had ever discussed the Mueller investigation with members of the law firm representing President Trump. Senate Republicans understand that Kavanaugh's already weak nomination is going to be weakened, not strengthened, by whatever is contained in all those documents from his time during the Bush administration.More news: Paraguay moving Israeli embassy back to Tel Aviv, after 4 months
Kavanaugh told lawmakers that, keeping in line with that "nominee precedent", he will give "no hints, no forecasts, no previews" during the hearings - with a possible exception of questions about older cases.
Later in the day, Sen.
"Over 90 percent of Judge Kavanaugh's record has not been received by the Senate and may never be". Perhaps to everyone's surprise, Kavanaugh will betray the conservative politicians, the right-wing advocacy groups, and the Federalist Society vetters who got him to this point in the ascent to the Supreme Court. It was "a hypothetical question I can't answer as a sitting judge".
Kavanaugh called Roe v. Wade, the landmark reproductive rights Supreme Court opinion, an "important" precedent that has been reaffirmed "many times", including in Planned Parenthood v. Casey.
"Gosh, we've heard that so often", Durbin replied.
The following year, The Washington Post reported that Kavanaugh had participated in a discussion in the White House Counsel's Office about how Justice Anthony Kennedy - for whom he had clerked - would view the detainee policy. Amy Klobuchar, a Democrat from Minnesota, to explain why he disagreed with the rest of his colleagues on the US Court of Appeals for the DC Circuit that the Federal Communications Commission was within its authority to create the rules, Kavanaugh said he was simply following legal precedent and wasn't looking to strip the agency of its power. But it probably won't be enough to stop Kavanaugh's confirmation.
On Tuesday, Democrats sought to delay the start of the hearing, but the Republicans who control the committee accused their counterparts of being partisan obstructionists and refused to allow a vote to adjourn the meeting.