Brett Kavanaugh confirmation hearing LIVE - Trump’s Supreme Court nominee refuses to say whether a president can self-pardon or be subpoenaed

Next, he says, is paying heed to the rules of 'precedent'. "Beyond that, it means paying attention to the words that are written [in the constitution]....There are also human qualities. I am joining a team of nine and that means something. I am not making decisions by myself.

Let's discuss judicial independence from the executive branch, says Grassley. Do you have any trouble in ruling against the president who appointed you?

"No one is above the law in our constitution," says Kavanaugh. The executive is subject to the law."

Mr Kavanaugh has said that his personal opinion is not relevant to the way he rules as a judge, when asked if he would let his personal opinion get in the way of judicial precedent.

The Supreme Court nominee noted that he is not new to a judicial bench, and that he has always relied on precedent in his rulings as judge.

"For 12 years I have been applying precedent of the Supreme Court and of my court. Everyday for 12 years I haven't been getting up and saying 'ok how can I rewrite the law,'" Mr Kavanaugh said.

"Precedent is the foundation of our system. It's a part of our stability. It's ensuring predictability," he continued.

Mr Kavanaugh indicated that, beyond precedent on the bench, he has a responsibility to ensure judicial independence.

Citing past Supreme Court nominations, he said that he cannot speak specifically about particular issues or precedents during his confirmation.

"First of all they can't discuss cases or issues that might come before them. ... That also means at least with respect to the vast body of Supreme Court precedent going back, you can't give a thumbs up or thumbs down" on a case, he said.

Mr Kavanaugh said that he cannot do that — past nominees have also declined to comment on specifics — because he would feel morally bound to uphold that position on the Supreme Court, and that it would keep him from being open minded as a justice.

In discussing "nominee independence" and "judicial independence", Mr Kavanaugh is setting the stage for how he is going to react when asked about specific issues.

He is making it clear to the senators that he will not comment specifically on his feelings toward important precedents that he might uphold — or not — on the Supreme Court.

Soon after making those statements, we could see why: California Senator Dianne Feinstein immediately asked how he thought about assault weapons bans, and indicated she plans on bringing up America's abortion precedent, Roe v Wade.

Senator Dianne Feinstein is asking Mr Kavanaugh about "common use" of firearms, to try and understand the nominees opinion towards the constitutionality of gun control.

Mr Kavanaugh noted that he understands that the US has a gun problem, and referenced efforts to "harden" his daughter's school when asked about gun violence at schools.

He continued to note that he reads Constitutional precedent as allowing for machine gun bans. He also noted the case District of Columbia v Heller, which essentially struck down a handgun ban in Washington — Mr Kavanaugh drew parallels between handguns and rifles because, he said, many handguns are semi-automatic weapons.

Mr Kavanaugh has been asked if he believes that Roe v Wade is settled law, and if he believes that the case could be overturned.

"One of the important things about Roe v Wade is that it has been reaffirmed many times over the past 45 years," Mr Kavanaugh said.

Mr Kavanaugh was responding to a question in which Senator Dianne Feinstein noted that areas where abortions are banned see higher levels of death from people attempting to get illegal abortions.

When asked for his personal opinion on a women's right to choose to have an abortion, Mr Kavanaugh reiterated his position that precedent is important. He therefore recognised the importance of Roe v Wade, and other decisions.

"As a judge, it is an important precedent of the Supreme Court. ... It has been reaffirmed many times," Mr Trump said of Roe and another case, Planned Parenthood v Casey.

With the backdrop of what appears to be an increasingly robust investigation into President Trump's 2016 campaign and its potential collaboration with Russia, Mr Kavanaugh has been asked if the case United States v Nixon — which forced President Richard Nixon to hand over White House recordings, leading to his resignation — was a mistake.

Mr Kavanaugh said that the decision was one of the greatest moments in Supreme Court history, citing the courts standing up for judicial independence.

When asked if a sitting president can be required to respond to a subpoena, Mr Kavanaugh said it is different from US v Nixon and said he cannot give an answer because it is a hypothetical