US Senator Cory Booker has released confidential documents that he says reveal Supreme Court nominee Judge Brett Kavanaugh's approval of racial profiling during his time in President George W Bush's White House. Today, she cites statistics about women who died while undergoing illegal abortions prior to Roe v. Wade, the 1973 decision recognizing abortion rights. Democrats lack the votes to block confirmation, but have been pressing Kavanaugh for his views on abortion rights, gun control and other issues. They know that nothing in the Senate Standing Rules or Judiciary Committee Rules grants Grassley sole authority to designate documents "Committee Confidential" or prohibit their public release. He said, "Running for president is no excuse for violating the rules of the Senate, or of confidentiality of the documents that we are privy to".
"This is about the closest I'll probably ever have in my life to an "I am Spartacus" moment", he said.
"Senator, I said that it's settled as a precedent of the Supreme Court, entitled the respect under principles 'stare decisis, ' " referring to the legal principle of not overturning precedents.
There had been intense speculation among senators that Democrats would invoke the two-hour rule on Thursday, forcing McConnell to either adjourn the Senate or let the Kavanaugh hearing be shut down.
While it raised eyebrows, Booker's suggestion that he would be willing to be expelled from the Senate for his release of committee confidential documents isn't rare.
The 15-year-old email underscored a dispute that has dominated part of the hearing over Kavanaugh's unusually long paper trail stemming from his years in the Bush White House.
They view Trump's decision to nominate a solid conservative for the seat of swing vote Justice Anthony Kennedy as only the latest in a series of massive affronts committed by Republicans, beginning with their total refusal to even meet with Merrick Garland - President Barack Obama's nominee to replace the late Antonin Scalia on the court. Kavanaugh, who considered the judge a friend and mentor, said he had known nothing about the allegations until they were disclosed a year ago.
"The fundamental problem in this case is that these DOT regulations use a lot of legalisms and disguises to mask what is a naked racial set-aside", Kavanaugh wrote in 2001, adding that he expected the court's conservative justices to "realize as much in short order and rule accordingly". He said he offered the comments on a draft op-ed in support of Republican judicial nominees because, "I'm always concerned with accuracy".
The tone is different from Kavanaugh's remarks stressing how hard it is to overturn precedent like Roe during confirmation hearings, which opened for a third day Thursday with angry complaints and finger-pointing among senators over the unusual vetting process for the judge.
During tense confirmation hearings Wednesday, U.S. Sen.
The protests were so constant that Wednesday's hearing assumed a decidedly halting cadence, and senators expressed frustration at the interruptions.
Throughout his testimony, Kavanaugh has repeatedly insisted he fully embraces the importance of judicial independence.
In a footnote to a 2009 law review article, Kavanaugh wrote that "a serious constitutional question exists regarding whether a President can be criminally indicted and tried while in office".
Kavanaugh called it a "hypothetical question".
Feinstein specifically asked Kavanaugh about that Wednesday.
The judge already faced questions about impeachment from Sen. "I think you're thinking of someone but you don't want to tell us".