But Republican Senator Orrin Hatch dismissed the concerns raised about the judge as "ridiculous".
Noting that Kavanaugh has more than 300 opinions and submitted around 17,000 pages with his committee questionnaire, Grassley is likely to stress that he's released thousands of pages and that he's only asked for non-privileged documents and that Democratic requests for every document would have taken months to complete. She asks him if his views of Roe's precedential value have changed since his White House days. Ted Cruz, who is fighting for his own re-election in Texas, apologized to Kavanaugh for the spectacle he said had less to do about the judge's legal record than Trump in the White House.
"I think that when a decision is challenged and it is reaffirmed that strengthens its value as stare decisis for at least two reasons", Alito said. "I am a pro-law judge".
"I would always strive to be a team player on the Team of Nine", he added.
The senators also said Kavanaugh was not on either of the two lists of potential Supreme Court nominees - many handpicked by the conservative Federalist Society - that Trump put out before taking office.
Democrats have warned that Mr Trump's choice will usher in a more socially conservative approach to abortion, gay rights and gun control. But it would have been better still if he could just simply say the decision was correct.
In total, the Democrats spoke out of turn and interrupted the hearing 63 times and complained about the withholding of documents 129 times, according to a tally kept by White House spokesperson Raj Shah.
The Republicans have a razor-thin majority in the Senate but are nevertheless expected to have the votes to confirm Kavanaugh before the midterm elections in November. He would replace Justice Anthony Kennedy, who announced his plans to retire earlier this summer. A few years later, in Pierce v. Society of Sisters, the Court found that an OR law requiring parents to send their children to public schools "unreasonably interfere [d] with the liberty of parents and guardians to direct the upbringing and education of children under their control". He fiercely defended the independence of the Judiciary. If all goes as Republicans plan, Kavanaugh could be on the bench when the court begins its new term on October 1.
Grassley told Kavanaugh to continue speaking, despite the outbursts. The American Bar Association has given Kavanaugh its highest rating, well qualified.
Monday night, some 42,000 documents pertaining to Kavanaugh's work with previous administrations were released to the committee. Democrats remained feisty, which - combined with protester arrests, a viral handshake attempt, and a suspicious hand gesture - made for a pretty wild display (for a Senate hearing). Durbin and other Democrats have said that they felt misled by Kavanaugh's denial and said they hoped that full disclosure of the documents would reveal more about his role.
Their pleas were rejected by Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa).
On Wednesday, Kavanaugh will field questions from Committee members.
Republicans said Tuesday that their staff had enough time to review the documents, but Sen. Rather than engage Fred, however, Kavanaugh shot him a confused look and turned away. refusing to talk to the guy.
Remember, too, that Kavanaugh was nominated by a president under special counsel investigation, and the Supreme Court may end up having to weigh in on any number of issues surrounding that probe.
Kavanaugh, in his statement Tuesday, gave a shout-out to Garland, "our superb chief judge". In 2012, as a judge on the Washington, D.C., Court of Appeals, Kavanaugh upheld South Carolina's photo ID law, which required voters to show identification in order to vote.
But Democrats are powerless to delay a vote on Kavanaugh since McConnell led Republicans, during the Gorsuch nomination, in eliminating the 60-vote filibuster threshold that had been in place for Supreme Court nominations.