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Legal and political analysis of Kavanaugh confirmation hearings as abortion documents snag spotlight on day 3

Supreme Court nominee Judge Brett Kavanaugh is sworn in by committee Chairman Chuck Grassley, R-Iowa, to testify during his confirmation hearing on Capitol Hill Tuesday in Washington, D.C.

The confirmation hearings for Supreme Court nominee Brett Kavanaugh continue to be contentious as the third day of questions plays out on Thursday.

The confirmation hearings for Supreme Court nominee Brett Kavanaugh continue to be contentious as the third day of questions plays out on Thursday.

Democrats on the Senate Judiciary Committee have peppered Judge Kavanaugh with questions about his stance on abortion and the Roe v. Wade decision after the New York Times obtained a set of confidential documents that a lawyer for former President George W. Bush gave to the Committee but were designated as “committee confidential, meaning that their content couldn’t be discussed during questioning dating back to Kavanaugh’s time in the second Bush White House as an aide, in particular an email response Kavanaugh wrote when he was considering a draft opinion piece in which he responded to a statement about Roe v. Wade and its progeny are “widely accepted by legal scholars across the board...the settled law of the land.”

Kavanaugh responded by saying he wasn’t sure that all legal scholars would agree with that, especially considering that the Supreme Court could overrule his precedent and that, at the time, there were three Justices on the Court who would.

We follow the latest in the confirmation hearings for Judge Kavanaugh with reporters covering the hearing and get political and legal analysis from our expert panel.

Guests:

Brent Kendall, legal affairs reporter in the Washington bureau of The Wall Street Journal who’s been following the case; he tweets

Matt Rodriguez, Democratic strategist and founder and chief executive officer of Rodriguez Strategies. He is also a former senior Obama advisor in 2008; he tweets

Sean T. Walsh, Republican political analyst and partner at Wilson Walsh Consulting in San Francisco; he is a former adviser to California Governors Pete Wilson and Arnold Schwarzenegger and a former White House staffer for Presidents Reagan and H.W. Bush

Kimberly West-Faulcon, law professor at Loyola Law School, her focus includes constitutional law; she tweets

Richard Garnett, professor of law and concurrent professor of political science at the University of Notre Dame, where he teaches constitutional law; he tweets

Ilya Somin, professor of law at George Mason University, where he specializes in constitutional law; he tweets

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