While saying his personal beliefs about abortion were not “relevant”, Brett Kavanaugh​, a staunch Catholic, told senators – as he had been advised to do – he would follow the example of previous nominees and not answer questions about how earlier cases were decided.

Facing his first day of questioning as part of his confirmation process, Mr Kavanaugh was pressed by Democrat Dianne Feinstein, who said hundreds of thousands of women had died due to illegal abortions in the years before the Roe vs Wade ruling.

“I understand the importance of the issue,” Mr Kavanaugh said. “I don’t live in a bubble. I live in the real world.”

He added that he believed the case was “settled law”. “One of the important things to keep in mind about Roe vs Wade is that it has been reaffirmed many times over the last 45 years, as you know – and most prominently, most importantly reaffirmed in Planned Parenthood vs Casey in 1992,” he said.

Democrats and abortion rights activists have seized on the issue as they seek to derail Mr Trump’s second appointment to the Supreme Court in less than two years.

After the White House last year secured the appointment of Neil Gorsuch, Democrats and progressives believe the country’s highest court would take a marked shift to the right if Mr Kavanaugh fills the vacancy created by the retirement of Justice Anthony Kennedy, known as a swing voter.

In addition to his comments on Roe vs Wade, Mr Kavanaugh said he has not taken a position on the constitutionality of investigating a sitting president. Yet his past writings cast doubt on the idea. Asked by senator Amy Klobuchar on Wednesday whether he believes such investigations are only acceptable in impeachment proceedings, Kavanaugh replied: “I did not take a position on the constitutionality. Period.”

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”. A decade earlier, Kavanaugh wrote that the constitution seems to dictate that “congressional investigation must take place in lieu of criminal investigation when the President is the subject of investigation, and that criminal prosecution can occur only after the President has left office.”

While critics have raised questions about whether Mr Kavanaugh believes a president can pardon him or herself or refuse to answer a subpoena, activists have focused most vocally on the issue of reproductive rights. Some have claimed that women’s rights have never been as threatened as they are now.

Supreme court nominee Brett Kavanaugh snubs handshake from father of slain Parkland student

“A lot is at stake here. Our fundamental rights as women, our freedoms, our ability to control our own futures, lives [and] bodies,” Amanda Thayer, deputy national communications director for NARAL Pro-Choice America, one of several groups that have been holding protests opposing Mr Kavanaugh, told The Independent.

“It’s on the line, and we know that to be true. Brett Kavanaugh was nominated to the Supreme Court by Donald Trump, in part because he was a surefire bet to overturn Roe. And that is why so many people are out here today from across the spectrum.”

Democrats have sought, unsuccessfully, to postpone the hearing, claiming they only received all the relevant documents at the 11th hour. On Wednesday, senate minority leader Chuck Schumer was successful in shutting down the senate for one day, even as the hearing continued.

Earlier, Mr Kavanaugh, who has spent the last 12 years as an appeals court judge in Washington DC, also refused to answer two questions about the possible powers of a US president.

Ms Feinstein asked Mr Kavanaugh, who during the 1990s was a member of independent counsel Kenneth Starr’s team investigating President Bill Clinton, whether he believed sitting presidents could be sued or indicted – something he had previously suggested was not appropriate.

“They were ideas for congress to consider. They were not my constitutional views,” Mr Kavanagh said of his writing in a 2009 Minnesota Law Review article.

In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing Show all 21 1 /21 In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing WASHINGTON, DC - SEPTEMBER 04: Protesters disrupt the confirmation hearing for Supreme Court nominee Judge Brett Kavanaugh before the Senate Judiciary Committee in the Hart Senate Office Building on Capitol Hill September 4, 2018 in Washington, DC. Kavanaugh was nominated by President Donald Trump to fill the vacancy on the court left by retiring Associate Justice Anthony Kennedy. (Photo by Chip Somodevilla/Getty Images) Chip Somodevilla Getty Images In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing A member of Code Pink protests as US Supreme Court nominee Brett Kavanaugh arrives on the first day of his confirmation hearing in front of the US Senate on Capitol Hill in Washington DC, on September 4, 2018. - President Donald Trump's newest Supreme Court nominee Brett Kavanaugh is expected to face punishing questioning from Democrats this week over his endorsement of presidential immunity and his opposition to abortion. Some two dozen witnesses are lined up to argue for and against confirming Kavanaugh, who could swing the nine-member high court decidedly in conservatives' favor for years to come. Democrats have mobilized heavily to prevent his approval. (Photo by Brendan Smialowski / AFP)BRENDAN SMIALOWSKI/AFP/Getty Images BRENDAN SMIALOWSKI AFP/Getty Images In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing epa06996310 Circuit judge Brett Kavanaugh prepares to testify before his Senate confirmation hearing to be an Associate Justice of the Supreme Court of the United States in the Hart Senate Office Building in Washington, DC, USA, 04 September 2018. President Trump nominated Kavanaugh to fill the seat of retiring justice Anthony Kennedy. If confirmed, Kavanaugh would give conservatives a five-member majority in the high court. EPA/MICHAEL REYNOLDS MICHAEL REYNOLDS EPA In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing WASHINGTON, DC - SEPTEMBER 04: Protesters dressed in The Handmaid's Tale costume, protest outside the hearing room where Supreme Court nominee Judge Brett Kavanaugh will testify before the Senate Judiciary Committee during his Supreme Court confirmation hearing in the Hart Senate Office Building on Capitol Hill September 4, 2018 in Washington, DC. Kavanaugh was nominated by President Donald Trump to fill the vacancy on the court left by retiring Associate Justice Anthony Kennedy. (Photo by Win McNamee/Getty Images) Win McNamee Getty Images In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing A protester is removed during a hearing of the Senate Judiciary Committee on the nomination of Brett Kavanaugh to the US Supreme Court September 4, 2018 in Washington, DC. - President Donald Trump's newest Supreme Court nominee Brett Kavanaugh is expected to face punishing questioning from Democrats this week over his endorsement of presidential immunity and his opposition to abortion. Some two dozen witnesses are lined up to argue for and against confirming Kavanaugh, who could swing the nine-member high court decidedly in conservatives' favor for years to come. Democrats have mobilized heavily to prevent his approval. (Photo by Brendan Smialowski / AFP)BRENDAN SMIALOWSKI/AFP/Getty Images BRENDAN SMIALOWSKI AFP/Getty Images In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing A woman stands and voices her opposition to Supreme Court nominee Brett Kavanaugh, during a Senate Judiciary Committee confirmation hearing on his nomination for Supreme Court, on Capitol Hill, Tuesday, Sept. 4, 2018, in Washington. (AP Photo/Jacquelyn Martin) Jacquelyn Martin AP In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing WASHINGTON, DC - SEPTEMBER 04: Supreme Court nominee Judge Brett Kavanaugh arrives for testimony before the Senate Judiciary Committee during his Supreme Court confirmation hearing in the Hart Senate Office Building on Capitol Hill September 4, 2018 in Washington, DC. Kavanaugh was nominated by President Donald Trump to fill the vacancy on the court left by retiring Associate Justice Anthony Kennedy. (Photo by Win McNamee/Getty Images) Win McNamee Getty Images In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing WASHINGTON, DC - SEPTEMBER 04: Protesters disrupt the start of the Supreme Court nominee Judge Brett Kavanaugh's confirmation hearing before the Senate Judiciary Committee in the Hart Senate Office Building on Capitol Hill September 4, 2018 in Washington, DC. Kavanaugh was nominated by President Donald Trump to fill the vacancy on the court left by retiring Associate Justice Anthony Kennedy. (Photo by Mark Wilson/Getty Images) Mark Wilson Getty Images In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing A protestor is carried out by security as US Supreme Court nominee Brett Kavanaugh attends the first day of his confirmation hearing in front of the US Senate on Capitol Hill in Washington DC, on September 4, 2018. - President Donald Trump's newest Supreme Court nominee Brett Kavanaugh is expected to face punishing questioning from Democrats this week over his endorsement of presidential immunity and his opposition to abortion. Some two dozen witnesses are lined up to argue for and against confirming Kavanaugh, who could swing the nine-member high court decidedly in conservatives' favor for years to come. Democrats have mobilized heavily to prevent his approval. (Photo by Brendan Smialowski / AFP)BRENDAN SMIALOWSKI/AFP/Getty Images BRENDAN SMIALOWSKI AFP/Getty Images In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing A woman stands and voices her opposition to Supreme Court nominee Brett Kavanaugh, during a Senate Judiciary Committee confirmation hearing on his nomination for Supreme Court, on Capitol Hill, Tuesday, Sept. 4, 2018, in Washington.(AP Photo/Jacquelyn Martin) Jacquelyn Martin AP In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing A protestor is escorted out of the room as US Supreme Court nominee Brett Kavanaugh attends the first day of his confirmation hearing in front of the US Senate on Capitol Hill in Washington DC, on September 4, 2018. - President Donald Trump's newest Supreme Court nominee Brett Kavanaugh is expected to face punishing questioning from Democrats this week over his endorsement of presidential immunity and his opposition to abortion. Some two dozen witnesses are lined up to argue for and against confirming Kavanaugh, who could swing the nine-member high court decidedly in conservatives' favor for years to come. Democrats have mobilized heavily to prevent his approval. (Photo by Brendan Smialowski / AFP)BRENDAN SMIALOWSKI/AFP/Getty Images BRENDAN SMIALOWSKI AFP/Getty Images In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing U.S. Supreme Court nominee judge Brett Kavanaugh points to his daughters as his wife Ashley looks on before the start of his Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, U.S., September 4, 2018. REUTERS/Chris Wattie CHRIS WATTIE REUTERS In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing A woman protests as US Supreme Court nominee Brett Kavanaugh arrives on the first day of his confirmation hearing in front of the US Senate on Capitol Hill in Washington DC, on September 4, 2018. - President Donald Trump's newest Supreme Court nominee Brett Kavanaugh is expected to face punishing questioning from Democrats this week over his endorsement of presidential immunity and his opposition to abortion. Some two dozen witnesses are lined up to argue for and against confirming Kavanaugh, who could swing the nine-member high court decidedly in conservatives' favor for years to come. Democrats have mobilized heavily to prevent his approval. (Photo by Brendan Smialowski / AFP)BRENDAN SMIALOWSKI/AFP/Getty Images BRENDAN SMIALOWSKI AFP/Getty Images In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing U.S. Capitol police officer lead detained protesters out of the start of U.S. Supreme Court nominee Judge Brett Kavanaugh's Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, U.S., September 4, 2018. REUTERS/Joshua Roberts JOSHUA ROBERTS REUTERS In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing A protester is removed during a hearing of the Senate Judiciary Committee on the nomination of Brett Kavanaugh to the US Supreme Court September 4, 2018 in Washington, DC. - President Donald Trump's newest Supreme Court nominee Brett Kavanaugh is expected to face punishing questioning from Democrats this week over his endorsement of presidential immunity and his opposition to abortion. Some two dozen witnesses are lined up to argue for and against confirming Kavanaugh, who could swing the nine-member high court decidedly in conservatives' favor for years to come. Democrats have mobilized heavily to prevent his approval. (Photo by Brendan Smialowski / AFP)BRENDAN SMIALOWSKI/AFP/Getty Images BRENDAN SMIALOWSKI AFP/Getty Images In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing A protester is removed during a Senate Judiciary Committee confirmation hearing for U.S. Supreme Court nominee judge Brett Kavanaugh on Capitol Hill in Washington, U.S., September 4, 2018. REUTERS/Joshua Roberts JOSHUA ROBERTS REUTERS In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing A protester is removed during a hearing of the Senate Judiciary Committee on the nomination of Brett Kavanaugh to the US Supreme Court September 4, 2018 in Washington, DC. - President Donald Trump's newest Supreme Court nominee Brett Kavanaugh is expected to face punishing questioning from Democrats this week over his endorsement of presidential immunity and his opposition to abortion. Some two dozen witnesses are lined up to argue for and against confirming Kavanaugh, who could swing the nine-member high court decidedly in conservatives' favor for years to come. Democrats have mobilized heavily to prevent his approval. (Photo by Brendan Smialowski / AFP)BRENDAN SMIALOWSKI/AFP/Getty Images BRENDAN SMIALOWSKI AFP/Getty Images In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing epa06996576 A protester is removed as circuit judge Brett Kavanaugh appears before his Senate confirmation hearing to be an Associate Justice of the Supreme Court of the United States in the Hart Senate Office Building in Washington, DC, USA, 04 September 2018. President Trump nominated Kavanaugh to fill the seat of retiring justice Anthony Kennedy. If confirmed, Kavanaugh would give conservatives a five-member majority in the high court. EPA/JIM LO SCALZO JIM LO SCALZO EPA In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing epa06996814 Protesters inside the Hart Senate Office building under arrest as Brett Kavanaugh appears before his Senate confirmation hearing to be an Associate Justice of the Supreme Court of the United States in the Hart Senate Office Building in Washington, DC, USA, 04 September 2018. President Trump nominated Kavanaugh to fill the seat of retiring justice Anthony Kennedy. If confirmed, Kavanaugh would give conservatives a five-member majority in the high court. EPA/TASOS KATOPODIS TASOS KATOPODIS EPA In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing US Capitol Police arrest a protestor during the US Senate Judiciary Committee confirmation hearing for Judge Brett Kavanaugh to be an Associate Justice on the US Supreme Court, on Capitol Hill in Washington, DC, September 4, 2018. - President Donald Trump's newest Supreme Court nominee Brett Kavanaugh is expected to face punishing questioning from Democrats this week over his endorsement of presidential immunity and his opposition to abortion. Some two dozen witnesses are lined up to argue for and against confirming Kavanaugh, who could swing the nine-member high court decidedly in conservatives' favor for years to come. Democrats have mobilized heavily to prevent his approval. (Photo by SAUL LOEB / AFP)SAUL LOEB/AFP/Getty Images SAUL LOEB AFP/Getty Images In pictures: Chaos and fury at Brett Kavanaugh's confirmation hearing US Capitol Police arrest a protestor during the US Senate Judiciary Committee confirmation hearing for Judge Brett Kavanaugh to be an Associate Justice on the US Supreme Court, on Capitol Hill in Washington, DC, September 4, 2018. - President Donald Trump's newest Supreme Court nominee Brett Kavanaugh is expected to face punishing questioning from Democrats this week over his endorsement of presidential immunity and his opposition to abortion. (Photo by SAUL LOEB / AFP)SAUL LOEB/AFP/Getty Images SAUL LOEB AFP/Getty Images

Mr Feinstein also pressed Mr Kavanaugh, who is expected to face questioning for several days before the committee is asked to vote about his nomination, about whether a sitting president could be required to respond to a subpoena. “I can’t give you an answer on that hypothetical question.”

Asked by committee chairman Chuck Grassley, a Republican, whether he would be independent from the president who nominated him, Mr Kavanaugh responded: “No one is above the law.”

Ms Feinstein then tweeted: “If Brett Kavanaugh truly believes the president isn’t above the law, he should have said the president must comply with a subpoena. There’s no reason Brett Kavanaugh couldn’t have given a straight answer.”

Mr Kavanaugh was asked by Democrat Patrick Leahy whether he believed Mr Trump had been legally correct when he tweeted earlier this summer that he had the “absolute right to pardon himself”.

“The question of self-pardon is something I have never analysed….[It’s] a hypothetical question that I can’t begin to answer as a sitting judge,” Mr Kavanaugh said.