Supreme Court nominee Brett Kavanaugh says a 1973 Supreme Court decision that established a constitutional right to an abortion is an "important precedent" that has "been reaffirmed many times."

Kavanaugh was asked about the Roe v. Wade ruling by Democrat Dianne Feinstein of California. He said the decision has "been reaffirmed many times over the past 45 years." And he noted that a 1992 decision of the court called Planned Parenthood v. Casey didn't just reaffirm Roe v. Wade in passing. He said that decision becomes "precedent on precedent."

Kavanaugh compared the Roe decision to another case, Miranda v. Arizona, which requires law enforcement to tell suspects their rights. Kavanaugh noted that former Chief Justice William Rehnquist had been a critic of the Miranda decision but later upheld it as precedent.

Kavanaugh also refused to say whether a president can be forced to testify in a criminal case, calling it a hypothetical.

The topic is front-and-center at Kavanaugh's hearing because the man who nominated him, President Donald Trump, could face a subpoena in special counsel Robert Mueller's investigation.

Sen. Feinstein asked Kavanaugh whether he thinks a sitting president can "be required to respond to a subpoena."

Kavanaugh responded: "I can't give you an answer on that hypothetical question."

The Supreme Court has never ruled on a presidential subpoena.

POOL

Washington - 5 September 2018

1. SOUNDBITE (English) Sen. Dianne Feinstein, (D) California:

"I think knowing going into it how you make a judgment on these issues is really important to our vote as whether to support you are not, because I don't want to go back to those death tolls in this country. And I truly believe that women should be able to control their own reproductive systems, within, obviously, some concern for a viable fetus."

2. SOUNDBITE (English) Brett Kavanaugh, Supreme Court nominee:

"I understand the importance of the issue. I understand the importance that people attach to the Roe v. Wade decision, to the Planned Parenthood versus Casey decision. I don't live in a bubble. I understand - I live in the real world. I understand the importance of the issue."

3. SOUNDBITE (English) Sen. Dianne Feinstein, (D) California:

"Have your views about whether Roe is settled precedent changed since you were in the Bush White House?"

4. SOUNDBITE (English) Brett Kavanaugh, Supreme Court nominee:

"I will tell you what my view right now is - which is it's important precedent of the Supreme Court that's been reaffirmed many times, but then Planned - and this is the point I want to make that I think is important - Planned Parenthood vs. Casey reaffirmed Roe and did so by considering the stare decisis factors. So Casey now becomes a precedent on precedent."

5. SOUNDBITE (English) Sen. Dianne Feinstein, (D) California:

"What would you say your position today is on a woman's right to choose?"

6. SOUNDBITE (English) Brett Kavanaugh, Supreme Court nominee:

"As a judge... it is an important precedent of the Supreme Court. By 'it,' I mean Roe v. Wade and Planned Parenthood vs. Casey have been reaffirmed many times. Casey is precedent on precedent, which itself is an important factor to remember and I understand the significance of the issue - the jurisprudential issue. And I understand the significance as best I can - I always try and I do hear - of the real world effects of that decision, as I tried to do of all the decisions of my court and of the Supreme Court."

7. SOUNDBITE (English) Sen. Dianne Feinstein, (D) California:

"You have said that the Nixon case might have been wrongly decided. Was US v. Nixon wrongly decided?"

8. SOUNDBITE (English) Brett Kavanaugh, Supreme Court nominee:

"That quote is not in context and is a misunderstanding of my position that's up there. I have repeatedly called US v. Nixon one of the four greatest moments in Supreme Court history."

9. SOUNDBITE (English) Sen. Dianne Feinstein, (D) California:

"Was it rightly decided?"

10. SOUNDBITE (English) Brett Kavanaugh, Supreme Court nominee:

"I have said that - I have said, yes, that a court's holding, that a criminal trial subpoena to a president in the context of the... special counsel's regulations in that case... for information - a criminal trial subpoena for information under the specific regulations in that case - I have said that holding is one of the four greatest moments in Supreme Court history."

11. SOUNDBITE (English) Sen. Dianne Feinstein, (D) California:

"Can a sitting president be required to respond to a subpoena?"

12. SOUNDBITE (English) Brett Kavanaugh, Supreme Court nominee:

"So that's a hypothetical question about what would be an elaboration or a difference forum US v. Nixon's precise holding. And I think going with the Justice Ginsburg principle, which is really not the Justice Ginsburg alone principle - it's everyone's principle on the current Supreme Court - and as a matter of the canons of judicial independence, I can't give you an answer on that hypothetical question."

Supreme Court nominee Brett Kavanaugh says a 1973 Supreme Court decision that established a constitutional right to an abortion is an "important precedent" that has "been reaffirmed many times."

Kavanaugh was asked about the Roe v. Wade ruling by Democrat Dianne Feinstein of California. He said the decision has "been reaffirmed many times over the past 45 years." And he noted that a 1992 decision of the court called Planned Parenthood v. Casey didn't just reaffirm Roe v. Wade in passing. He said that decision becomes "precedent on precedent."

Kavanaugh compared the Roe decision to another case, Miranda v. Arizona, which requires law enforcement to tell suspects their rights. Kavanaugh noted that former Chief Justice William Rehnquist had been a critic of the Miranda decision but later upheld it as precedent.

Kavanaugh also refused to say whether a president can be forced to testify in a criminal case, calling it a hypothetical.

The topic is front-and-center at Kavanaugh's hearing because the man who nominated him, President Donald Trump, could face a subpoena in special counsel Robert Mueller's investigation.

Sen. Feinstein asked Kavanaugh whether he thinks a sitting president can "be required to respond to a subpoena."

Kavanaugh responded: "I can't give you an answer on that hypothetical question."

The Supreme Court has never ruled on a presidential subpoena.

POOL

Washington - 5 September 2018

1. SOUNDBITE (English) Sen. Dianne Feinstein, (D) California:

"I think knowing going into it how you make a judgment on these issues is really important to our vote as whether to support you are not, because I don't want to go back to those death tolls in this country. And I truly believe that women should be able to control their own reproductive systems, within, obviously, some concern for a viable fetus."

2. SOUNDBITE (English) Brett Kavanaugh, Supreme Court nominee:

"I understand the importance of the issue. I understand the importance that people attach to the Roe v. Wade decision, to the Planned Parenthood versus Casey decision. I don't live in a bubble. I understand - I live in the real world. I understand the importance of the issue."

3. SOUNDBITE (English) Sen. Dianne Feinstein, (D) California:

"Have your views about whether Roe is settled precedent changed since you were in the Bush White House?"

4. SOUNDBITE (English) Brett Kavanaugh, Supreme Court nominee:

"I will tell you what my view right now is - which is it's important precedent of the Supreme Court that's been reaffirmed many times, but then Planned - and this is the point I want to make that I think is important - Planned Parenthood vs. Casey reaffirmed Roe and did so by considering the stare decisis factors. So Casey now becomes a precedent on precedent."

5. SOUNDBITE (English) Sen. Dianne Feinstein, (D) California:

"What would you say your position today is on a woman's right to choose?"

6. SOUNDBITE (English) Brett Kavanaugh, Supreme Court nominee:

"As a judge... it is an important precedent of the Supreme Court. By 'it,' I mean Roe v. Wade and Planned Parenthood vs. Casey have been reaffirmed many times. Casey is precedent on precedent, which itself is an important factor to remember and I understand the significance of the issue - the jurisprudential issue. And I understand the significance as best I can - I always try and I do hear - of the real world effects of that decision, as I tried to do of all the decisions of my court and of the Supreme Court."

7. SOUNDBITE (English) Sen. Dianne Feinstein, (D) California:

"You have said that the Nixon case might have been wrongly decided. Was US v. Nixon wrongly decided?"

8. SOUNDBITE (English) Brett Kavanaugh, Supreme Court nominee:

"That quote is not in context and is a misunderstanding of my position that's up there. I have repeatedly called US v. Nixon one of the four greatest moments in Supreme Court history."

9. SOUNDBITE (English) Sen. Dianne Feinstein, (D) California:

"Was it rightly decided?"

10. SOUNDBITE (English) Brett Kavanaugh, Supreme Court nominee:

"I have said that - I have said, yes, that a court's holding, that a criminal trial subpoena to a president in the context of the... special counsel's regulations in that case... for information - a criminal trial subpoena for information under the specific regulations in that case - I have said that holding is one of the four greatest moments in Supreme Court history."

11. SOUNDBITE (English) Sen. Dianne Feinstein, (D) California:

"Can a sitting president be required to respond to a subpoena?"

12. SOUNDBITE (English) Brett Kavanaugh, Supreme Court nominee:

"So that's a hypothetical question about what would be an elaboration or a difference forum US v. Nixon's precise holding. And I think going with the Justice Ginsburg principle, which is really not the Justice Ginsburg alone principle - it's everyone's principle on the current Supreme Court - and as a matter of the canons of judicial independence, I can't give you an answer on that hypothetical question."