THE REAL WORLD
Kavanaugh said repeatedly that he is aware of the consequences of his decisions, including in his dissenting opinion that would have struck down Washington, D.C.’s ban on semi-automatic assault weapons.READ MORE: Confirmation of Brett Kavanaugh likely as Senate concludes hearing
And I want to reassure everyone that I base my decisions on the law, but I do so with an awareness of the facts and an awareness of the real world consequences,” Kavanaugh said in one formulation.He noted that he grew up in the Washington area when there was a lot of gang and gun violence. Some Democratic senators weren’t reassured, pointing to mass school shootings committed with semi-automatic rifles.WATCH: Kavanaugh says president is not immune to lawsuits
BUT THAT’S TOO REAL
Sen. Jeff Flake, a frequent Trump critic, posed a real-world question when he asked Kavanaugh to weigh in about Trump’s recent tweet that criticized Attorney General Jeff Sessions and the Justice Department for indicting two Republican congressman ahead of the midterm elections and “putting two easy wins in doubt.”Kavanaugh would not not bite on that or any question dealing with Trump’s attacks on prosecutors or federal judges. “I don’t think we want judges commenting on the latest political controversy,” Kavanaugh said.READ MORE: Final day of Brett Kavanaugh’s contentious nomination hearing to listen to witnesses testimony
CODE WORDS
Opponents of Kavanaugh’s nomination pounced on his use of certain terms in the context of abortion and affirmative action to assert that he was sending a signal to conservatives that he is on their side, despite his measured rhetoric.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.WATCH: Kavanaugh says president can be sued for conduct before presidency
SHOWING KAGAN SOME LOVE
William Rehnquist, Antonin Scalia and Anthony Kennedy may be Kavanaugh’s judicial heroes, but the nominee invoked Justice Elena Kagan, a nominee of President Barack Obama, more than any of them at the hearing.Kagan’s name escaped Kavanaugh’s lips more than 40 times over two days, most often to provide cover for his refusal to weigh in on issues that could come before the court. “WATCH: Kavanaugh clarifies if he spoke about Mueller at Trump’s lawyer’s law firm
SPEAKING OF DEMOCRATIC NOMINEES
Kavanaugh had kind words for his appellate court colleague and chief judge, Merrick Garland, whose nomination by Obama Senate was essentially ignored by Republicans in 2016.READ MORE: Brett Kavanaugh faces final round of questioning for Supreme Court pick
The gamble by Senate Majority Leader Mitch McConnell paid off when Trump won election and put Justice Neil Gorsuch in the seat that Justice Antonin Scalia held until his death.Against that backdrop, it was somewhat surprising when some Republicans on the Senate Judiciary Committee talked about how often Kavanaugh and Garland have voted together on the federal appeals court in Washington.WATCH: Kavanaugh says president must comply with law over torture
A SPORTING GUY
Football, baseball, basketball, hockey and lacrosse all got mentions from the sports-crazed Kavanaugh, who even identified the seats he and his father had at professional football games in Washington.On his final day of testimony Thursday, Kavanaugh’s two daughters were among roughly 20 girls in Catholic school uniforms — players on basketball teams he has coached — who marched into the hearing room and took up seats behind Kavanaugh to make for an irresistible, if contrived, photo op.WATCH: Kavanaugh asked about email questioning if Roe v. Wade was settled law
THE MALE BODY
One of the few times Kavanaugh seemed thrown, even momentarily, was when Harris, the California Democrat, found a new way to ask Kavanaugh about abortion.“Can you think of any laws that give government the power to make decisions about the male body?” she asked.READ MORE: Abortion, gun rights dominate Brett Kavanaugh’s Day 2 Senate hearing
Kavanaugh said: “I’m happy to answer a more specific question. But…”After a bit more back and forth, she repeated the question. Kavanaugh answered, “I’m not — I’m not — I’m not thinking of any right now, senator.”
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