Under the standard to which Kavanaugh was referring, known colloquially as the "Ginsburg standard", a Supreme Court nominee can decline to comment on specific topics or cases that could potentially come before them as a judge. It's a question I have not written about. Dianne Feinstein, D-CA, during the second day of confirmation hearings for Kavanaugh's nomination to the Supreme Court.
Trump attorney Jay Sekulow said last month that if Mueller were to subpoena Trump, his legal team would fight back in a battle that would end up in the Supreme Court.
President Donald Trump's nominee will be answering questions from members of the Senate Judiciary Committee.
"My understanding is that you're asking me to give my view on a potential hypothetical and thats something that each of the eight justices now sitting in the supreme court when they were sitting in my seat declined to decide hypothetical cases", Kavanaugh said.
Supreme Court nominee Brett Kavanaugh, during his second day of Senate confirmation hearings Wednesday, defended his dissent in a federal court decision that upheld the controversial Obama-era net neutrality rules. He began to discuss precedent, and US v. Nixon - where the Supreme Court ruled that President Nixon had to turn over certain documents subpoenaed by a special prosecutor - before Coons cut him off to push him to answer the question at hand.
Kavanaugh wouldn't answer directly, saying its a hypothetical question and self-pardons are "something I have never analyzed".
If all goes according to Republicans' plans, the committee will vote later this month - nearly surely along straight party lines - to send his nomination to the full Senate in hopes of getting him on the court by the October 1 start of the 2018 term. "I will do equal right to the poor and to the rich", Kavanaugh said.
He also avoided Democratic Senator Patrick Leahy's question about whether a president could pardon himself, or someone else in exchange for a promise not to testify against him.More news: Messi tips Juve to win Champions League
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But demonstrations continued inside the US Senate building where Kavanaugh was being quizzed on Wednesday, with occasional outbursts from protesters, such as: "Sham president, sham justice!" and "No Trump puppet!"
"I am not a skeptic of regulation at all", he said.
Republicans said Tuesday that their staff had enough time to review the documents, but Sen.
Senate Democrats looking to win the battle of public opinion over Supreme Court nominee Brett Kavanaugh are essentially accusing Republicans of concealing evidence to ensure his confirmation before the midterm election.
Democrats have raised concerns that if the special counsel investigation were to make its way to the supreme court, Kavanaugh could not be impartial toward the president who appointed him.
Liberals are concerned Kavanaugh could provide a decisive fifth vote on the nine-justice court to overturn the 1973 abortion ruling.
Kavanaugh specifically cited Rehnquist's opposition to Roe.
"One of the important things to keep in mind about Roe v. Wade is that it has been reaffirmed many times", he continued, singling out Planned Parenthood v. Casey as particularly weighty because it "didn't just reaffirm it in passing"; it laid out all the "factors relevant to stare decisis to decide whether Roe should be overruled".