Nevermind the fact that Zina Bash, Kavanaugh's former law clerk, was caught on camera during his Senate confirmation hearings this week flashing what appeared to be a white power hand sign.
Aalayah Eastmond, a student at Marjory Stoneman Douglas High School, looks up after speaking before the Senate Judiciary Committee during the final stage of the confirmation hearings for President Donald Trump's Supreme Court nominee, Brett Kavanaugh, on Capitol Hill in Washington, Friday, Sept. 7, 2018.
Judge Kavanaugh's backers, including Gibson Dunn & Crutcher LLP's Theodore Olson and Kirkland & Ellis LLP's Paul Clement, .
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Democrats and progressives have rallied against his nomination, warning that he could vote to overturn the decision in Roe v. Wade which legalized abortion.
With special counsel Robert Mueller deep into his investigation of Russia's meddling in the 2016 election, committee Democrats expressed concerns throughout the weeklong hearing that Kavanaugh would side with Trump on questions such as whether a president can be forced to testify. To that, Kavanaugh insisted that his record as a judge speaks for him. During his time questioning the nominee, Leahy asked Kavanaugh about whether receiving emails about Democratic strategies marked "highly confidential" or "take no action on this" raised any "red flags".
But Kavanaugh said in a 2003 email while working for the administration of President George W. Bush that the Supreme Court "can always overrule its precedent". Explaining his opinion in a case involving religiously affiliated groups that object to paying for contraception under the Affordable Care Act, Kavanaugh referred to "abortion-inducing drugs", a term often used by abortion opponents to describe some contraceptives. Senators may have questions stemming from committee-confidential documents that they can not ask, or that might seem unusual outside of the factual context that inspired them.
The board then highlighted Kavanaugh's confirmation hearings in which he bobbed and weaved multiple questions.
Kavanaugh testified this week that Roe v. Wade is Supreme Court precedent but declined to say whether he believed the case was correctly decided. Throughout his testimony, Kavanaugh repeatedly stated the importance of judicial independence.
The man who is closer than ever to officially succeeding Anthony Kennedy on the Supreme Court once tried to crack a joke about getting sexual favors from a would-be Asian massage parlor in an email with "Su Ching is booked" as the subject line.
Even when the committee has received documents, many came with strict conditions on their use: More than 100,000 pages were designated for senators' eyes only.
Kavanaugh refused to answer questions about Trump or commit to stepping aside from any case about the Russian Federation investigation that might come to the Supreme Court. Kamala Harris of California and Cory Booker of New Jersey took turns aggressively questioning Kavanaugh in what many saw as a prelude to presidential primary campaigns. John Cornyn of Texas, bemoaned the "mob rule" at the hearings. "Bring it", Booker challenged Sen.
If Kavanaugh is confirmed, Trump will have been able to nominate two of the members of the high court in his first two years in the White House.
But an aide to Judiciary Chairman Chuck Grassley, R-Iowa, noted that Booker's staff and other aides to Democrats who requested some of those documents be made public were informed before Thursday's session that the public release had already been approved.