Austin American-Statesman

Partisan feud opens Kavanaugh hearing

Democrats seek delay, Republican­s denounce protesters on first day.

- By Mark Sherman and Lisa Mascaro

Supreme Court nominee Brett Kavanaugh declared fervently at his Senate confirmati­on hearing Tuesday the court “must never, never be viewed as a partisan institutio­n.” But that was at the end of a marathon day marked by rancorous exchanges between Democrats and Republican­s, including dire Democratic fears that he would be President Donald Trump’s advocate on the high court.

The week of hearings on Kavanaugh’s nomination began with a sense of inevitabil­ity that the 53-year-old appellate judge eventually will be confirmed, perhaps in time for the new term on Oct. 1 and little more than a month before congressio­nal elections.

However, the first of at least four days of hearings by the Senate Judiciary Committee began with partisan quarreling over the nomination and persistent protests from members of the audience, followed

by their arrests. Strong Democratic oppo

sition to Trump’s nominee reflects the political stakes for both parties in advance of the November elections, Robert Mueller’s investiga

tion of Trump’s 2016 campaign and the potentiall­y pivotal role Kavanaugh could play in moving the court to the right.

Democrats tried to block the proceeding­s in a dispute over Kavanaugh records withheld by the White House. Republi- cans in turn accused the Democrats of turning the hearing into a circus.

Trump jumped into the fray late in the day, saying on Twitter that Democrats were “looking to inflict pain and embarrassm­ent” on Kava- naugh.

The president’s comment followed the statements of Democratic senators who warned that Trump was, in the words of Sen. Richard

Blumenthal of Connecticu­t, “selecting a justice on the Supreme Court who potentiall­y will cast a decisive vote in his own case.”

In Kavanaugh’s own state- ment at the end of more than seven hours of arguing, the federal appeals judge spoke repeatedly about the impor- tance of an independen­t judi- ciary and the need to keep the court above partisan politics.

With his wife, two children and parents sitting behind him, Kavanaugh called himself a judge with a straight- forward judicial philosophy.

“A judge must be independen­t and must interpret the law, not make the law. A judge must interpret statutes as written. A judge must interpret the Constituti­on as written, informed by history and tradition and precedent,” he said.

Kavanaugh also promised to be “a team player on the Team of Nine.”.

Barring a major surprise over the next two days of questionin­g, the committee is expected to vote along party lines to send Kavanaugh’s nomination to the full Senate.

Majority Republican­s can confirm Kavanaugh without any Democratic votes, though they’ll have little margin for error.

“There are battles worth fighting, regardless of the outcome,” Sen. Mazie Hirono, D-Hawaii, said in an unspar-

ing opening statement that criticized Kavanaugh’s judi- cial opinions and the Senate process that Democrats said had deprived them of access to records of important chunks of Kavanaugh’s time as an aide to President George W. Bush.

Democrats raised objections from the moment Chairman Chuck Grassley gaveled the committee to order. One by one, Democrats demanded that Republican­s delay the hearing. They railed against the unusual vetting process by Republican­s that failed to include documents from three years Kavanaugh worked in the Bush administra­tion, and

100,000 more pages with- held by the Trump White House. Some 42,000 pages were released on the evening before of the hearing. “We cannot possibly move forward, Mr. Chairman, with this hearing,” said Democrat Kamala Harris of California at the top of proceeding­s. Grassley disagreed.

As protesters repeatedly interrupte­d the session, Republican Sen. Ted Cruz, who is fighting for his own re-election in Texas, apolo- gized to Kavanaugh for the spectacle he said had less to do about the judge’s legal record than Trump in the White House. “It is about politics,” said Cruz. “It is about Democratic senators re-lit- igating the 2016 election.”

T he Republican­s’ slim majority in the Senate was bolstered during the hear- ing by the announceme­nt from Arizona that Gov. Doug Ducey was appointing Jon Kyl, the former senator, to fill the seat held by the late Sen. John McCain. When Kyl is sworn

in, Republican­s will hold 51 of the 100 seats.

Sens. Susan Collins of Maine and Lisa Murkowski of Alaska are the only two Republican­s even remotely open to voting against Kavanaugh, though neither has said she would do so. Abortion rights supporters are trying to appeal to those senators, who both favor abortion access.

Kavanaugh sat silently and impassivel­y for most of the day, occasional­ly sipping water and taking notes on senators’ points. Besides his family, he was accompanie­d by outgoing White House Counsel Don McGahn and Deputy Attorney General Rod Rosenstein.

Several dozen protesters, shouting one by one, disrupted the hearing at several points and were removed by police. “This is a mockery and a travesty of justice,” shouted one woman.

As patience thinned and tempers flared, Sen. John Cornyn, R-Texas, denounced what he called the “mob rule.” Struggling to speak over protesters, Sen. Orrin Hatch, R-Utah, said: “These people are so out of line they shouldn’t be in the doggone room.”

But Sen. Dick Durbin, D-Ill., told Kavanaugh the opposition being shown at the hearing reflected the concern many Americans have over Trump’s “contempt of the rule of law”

and the judge’s own expansive views on executive power.

 ?? JACQUELYN MARTIN / ASSOCIATED PRESS ?? A woman voices her opposition to Supreme Court nominee Brett Kavanaugh during his confirmati­on hearing Tuesday in the Senate Judiciary Committee. Several dozen protesters, shouting one by one, disrupted the hearing at several points and were removed by police.
JACQUELYN MARTIN / ASSOCIATED PRESS A woman voices her opposition to Supreme Court nominee Brett Kavanaugh during his confirmati­on hearing Tuesday in the Senate Judiciary Committee. Several dozen protesters, shouting one by one, disrupted the hearing at several points and were removed by police.
 ?? MARK WILSON / GETTY IMAGES ?? Kavanaugh reads his opening statement Tuesday. “A judge must interpret the Constituti­on as written, informed by history and tradition and precedent,” he said.
MARK WILSON / GETTY IMAGES Kavanaugh reads his opening statement Tuesday. “A judge must interpret the Constituti­on as written, informed by history and tradition and precedent,” he said.
 ?? ERIN SCHAFF / NEW YORK TIMES ?? Sens. Ted Cruz (from left), R-Texas, Mike Lee, R-Utah, and John Cornyn, R-Texas, listen at the hearing. Cruz apologized to nominee Brett Kavanaugh for the protests. “It is about politics,” Cruz said. “It is about Democratic senators relitigati­ng the 2016 election.”
ERIN SCHAFF / NEW YORK TIMES Sens. Ted Cruz (from left), R-Texas, Mike Lee, R-Utah, and John Cornyn, R-Texas, listen at the hearing. Cruz apologized to nominee Brett Kavanaugh for the protests. “It is about politics,” Cruz said. “It is about Democratic senators relitigati­ng the 2016 election.”

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