‘No one is above the law’
Supreme Court nominee stresses importance of judicial independence
Supreme Court nominee Brett Kavanaugh repeatedly stressed the importance of judicial independence as he faced questioning at his confirmation hearing Wednesday from senators, including Democrats who fear he would be President Donald Trump’s man on the high court.
Pressed by Judiciary Committee Chairman Chuck Grassley, a Republican, on whether he would be independent from the president who nominated him, Kavanaugh responded, “No one is above the law.”
The second day of Kavanaugh’s confirmation hearings began much as the first with protesters often interrupting proceedings.
But senators then plunged into their initial opportunity to publicly question him in what was expected to be a marathon day of examination.
The hearing has strong political overtones ahead of the November election, but Democrats lack the votes to block Kavanaugh’s confirmation.
They fear Kavanaugh will push the court to the right on abortion, guns and other issues, and that he will side with Trump in cases stemming from Robert Mueller’s investigation of Trump’s 2016 campaign.
Addressing some of those concerns, Kavanaugh said that “the first thing that makes a good judge is independence, not being swayed by political or public pressure,” He cited historic court cases including Brown v. Board of Education
that desegregated schools and U.S. v. Nixon that compelled the president to turn over the Watergate tapes — a ruling that Kavanaugh had previously questioned.
“That takes some backbone,” he said of the justices who decided those cases.
Asked about court precedents, the importance of previously settled cases including the landmark Roe v. Wade decision that ensures access to abortion, Kavanaugh said, “Respect for precedent is important . ... Precedent is rooted right in the
Constitution itself.”
Trump nominated Kavanaugh, 53, to fill the seat of retired Justice Anthony Kennedy. The change could make the court more conservative on a range of issues.
Republicans hope to confirm Kavanaugh in time for the first day of the new Supreme Court term, Oct. 1.
Much like the first day of protests and arrests, which punctuated the senators’ partisan quarreling over the nomination, the second day saw more than a dozen protesters hauled
out of the hearing room shouting objections to Kavanaugh’s nomination.
Democrats, including several senators poised for 2020 presidential bids, had tried to block the formal proceedings Tuesday in a dispute over Kavanaugh records withheld by the White House. Republicans in turn accused the Democrats of turning the hearing into a circus.
Trump jumped into the fray Tuesday, saying on Twitter that Democrats were “looking to inflict pain and embarrassment” on Kavanaugh.