But barring a surprise, Senate Republicans have the votes to confirm him in time for Kavanaugh to take his place on the high court when it begins its fall term next month.
The U.S. Justice Department tried to evade this question, but Judge Karen LeCraft Henderson of the U.S. Court of Appeals for the District of Columbia answered it correctly. He cited Ruth Bader Ginsburg and Elena Kagan as insisting in their confirmation hearings that nominees can offer no forecasts or hints on how they might rule on a case.
The soul-sucking scrum that was day one of Brett Kavanaugh's Supreme Court confirmation hearing started out, ostensibly anyway, with spats over the late production of documents related to Kavanaugh's tenure at the White House more than a dozen years ago.
Judiciary Chairman Chuck Grassley returned to Whitehouse's remarks after the lunch break, and said that the press should not tolerate the "double standard" of the senator's attacks on the Supreme Court, given the scrutiny President Trump's criticisms of the judiciary are given. With respect to Justice Kagan, I had a firsthand seat to that.
The Supreme Court is often thought of as nine separate judges, rather than a team. Dianne Feinstein of California, the panel's senior Democrat.
As Kavanaugh turned, Guttenberg said "My daughter was murdered in Parkland" and then "have a good day".
After hours of the fireworks, the nominee himself struck a more neutral tone, stressing that the high court "must never, never be viewed as a partisan institution".
"You're out of order", Grassley said. "We're seeing a lot of table pounding this morning", Cruz said.
President Trump weighed in on the hearing Tuesday, saying that it was a display of how "angry. the other side is".
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"I think we ought to have this loudmouth removed", Hatch said.
During the hearings two starkly different images of Kavanaugh emerged.
The hearing kicked off with chaos Tuesday as Democrats demanded more time to review 42,000 pages of documents from Kavanaugh's time working in President George W. Bush's White House.
"I believe it is vital that the President be able to focus on his never-ending tasks with as few distractions as possible", Kavanaugh wrote.
Democrats say Kavanaugh's views on presidential immunity deserve special scrutiny now, given the ongoing investigation into Russian interference in the 2016 election by special counsel Robert Mueller, which has already implicated a number of Trump associates.
It was no less than Senator Grassley and Senator Cornyn who, during the Kagan nomination, said, no, we need to see the documents before the hearing.
"And it's that president who has decided you are his man".
"First, this hearing is not about the qualifications of the nominee", he said, pointing to Kavanaugh's record as a judge. "I say wrongheadedly because at least to me the answer is plainly - and easily - no. And therefore, we are there to do our job", Sen.
Veteran Democrat Dick Durbin said Kavanaugh "totally reversed" after working in the White House when Bush was considering warrantless wiretapping and torture of enemy combatants, and warned that a similar position would only serve to insulate Trump.