Today marked the third day of Senate confirmation hearings
for Supreme Court nominee and guy
who definitely wears socks at the pool, Brett Kavanaugh.
So, let's check in with another edition of
"So You Think You Can Judge."
-(upbeat music playing) -(cheers and applause)
Now, one of the major concerns with Brett Kavanaugh is
that President Trump might have nominated him
specifically because Kavanaugh believes
that sitting presidents shouldn't be subpoenaed
or indicted, and some people are worried
that Kavanaugh might have even made a deal
with Trump's personal lawyer Marc Kasowitz,
basically saying, "You know, we'll put you on the court
if you promise to protect the president from Robert Mueller."
Or as Trump would put it,
"You scratch my back, I'll grab your pussy."
(laughter, groaning)
Now... we don't know if Kavanaugh actually met
with Trump's lawyer,
but when California senator Kamala Harris
asked him about it yesterday,
Kavanaugh did himself no favors.
Judge, have you ever discussed Special Counsel Mueller
or his investigation with anyone?
Well, it's in the news every day.
Have you discussed Mueller or his investigation
with anyone at Kasowitz Benson & Torres,
the law firm founded by Marc Kasowitz,
President Trump's personal lawyer?
-Uh... -Be sure about your answer, sir.
Um, well...
I'm not remembering, but if you have something you want to...
Are you certain you've not had a conversation
-with anyone at that law firm? -I said I...
Kasowitz Benson...
I would like to know the person you're thinking of,
-'cause what if there's... -I think you're thinking
of someone and you don't want to tell us.
(cheering, applause)
Wow!
Kavanaugh did not look good in that exchange.
It's like if they asked the suspect at a murder trial,
they're like, "Where were you on the night of the 13th?"
He's like, "Uh...
"where shouldn't I have been?
(laughter)
"Uh...
-(applause) -"Yeah...
Wherever the murder didn't happen, that's where I was."
But the other major concern that people have
is that Kavanaugh could be the deciding vote
that overturns Roe v. Wade,
aka a woman's right to choose.
And going by what Kavanaugh has said in the hearings,
you would assume that he would let Roe v. Wade stand,
because this guy is a freak for precedent.
Tell us why you believe Roe is settled law,
and, if you could, do you believe it is correctly settled?
Roe v. Wade is an important precedent of the Supreme Court.
For 12 years, I've been applying precedent
of the Supreme Court and of my court.
As a judge, I follow precedent.
...I had to follow precedent, precedent of the Supreme Court.
This is all about precedent for me.
...that precedent on precedent is quite important.
Precedent's not like a cafeteria,
where I can take this but not that.
Wow, this guy really loves precedent.
Call him Mr. Precedent.
You might even say he's the Precedent of the United States.
(power whirring down to a stop)
-(laughter) -Oh, come on.
Come on, the joke was... it wasn't that bad.
(cheering, whistling)
Come on, it wasn't that bad.
But even-- here's the thing-- even though Kavanaugh says
that he follows precedent, he doesn't act like it.
Right? Because if you look at his history as a judge,
whether it's on a woman's right to choose or gun control,
he's always twisting precedent
to get the conservative result that he wants.
And also, Kavanaugh's like a guy who says
he's on a plant-based diet,
but then you catch him eating a steak, and he's like,
"Well, cows eat plants, don't they?
So technically, precedent."
And look, the thing is, Kavanaugh can say what he wants,
but it's pretty clear to me that he won't rule in favor
of reproductive rights.
Otherwise, Trump wouldn't have nominated him.
But it does feel a bit strange
that this dude could soon get to decide
what all women can do with their bodies.
A fact that Senator Harris made sure to point out.
Can you think of any laws that give government the power
to make decisions about the male body?
Well...
I'm happy to answer a more specific question.
Male versus female.
There are, um...
medical procedures...
I'll repeat the question.
Can you think of any laws that give the government
the power to make decisions about the male body?
I'm not a... I'm not a...
thinking of any right now, Senator.
I'm a... I'm a... uh, I'm a... I'm a...
Goddamn, Kamala Harris brings it, man.
-We actually have... we actually have... -(applause)
(cheering)
We... we actually have a live shot of the Capitol
the moment that that happened.
Can we go to that?
(laughter)