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September 5, 2018
Thats unfortunate loop so judge, i believe we met in the year 2000. >> yes. >> and just to take a little walk down memory lane here, when i was attorney general of texas and had a chance to argue a case in front of the supreme court of the united states, you, ted olsen and paul clement, i believe, helped me get ready. i regret you didnt have better material to work with. >> it was an honor, senator. >> it was a great experience, and educational experience, but i got to appreciate your skills as ...
September 5, 2018
In any direction on the -- im a judge. im just trying to resolve the precedent. >> let me close by saying this. i am just a judge. i just follow precedent. gosh, weve heard that so often. and i hope its the case, but we know theres much more to the -- to your job than that. >> i agree. >> the fact that you were a dissenter and everyone else saw this the other way should give us pause when you say im just following precedent. >> i respectfully, senator, that opinion, im proud of that opinion beca...
September 5, 2018
To then sit in judgment later on in a case, the hamdan case which youve alluded to earlier, where the defendant was osama bin ladens personal bodyguard and driver. he was captured by u.s. forces in afghanistan after 9/11 and detained in guantanamo bay. he subsequently went through a military tribunal and then that case was appealed to your court. and just correct me if im wrong, but notwithstanding the experience you and everybody you cared about having been through this terrible travesty of 9/1...
September 5, 2018
Sometimes the -- let me allude to something senator sasse was eloquently speaking about yesterday in terms of the separation of powers. very important aspect of our constitutional system and one that i know you have dealt with often on the d.c. circuit court of appeals. and that has to do with what ive read some judges talk about, some constitutional scholars talk about. a conversation between the branches. in other words, when the d.c. circuit court or supreme court decides a case, they finally...
September 5, 2018
The majority in agra processors was following supreme court precedent. in shirtan case, the supreme court, a 7-2 decision, said undocumented immigrants are employees under the national labor relations act. since undocumented aliens are not among the few groups of workers expressly exempted by congress, they plainly come within the broad statutory definition of employee. thats a quote from the case. >> thats part 2a. go to part 2b. >> let me tell you people that went to both parts. everyone else ...
September 5, 2018
The work is low paid and dangerous. and as the gao has noted, immigrants are pressured not to even report injuries on the job. ag raprocesses case was a notorious meat-packing company owned by someone convicted of 86 counts of fraud and money laundering in 2009. his 27-year sentence recently was commuted by president trump. agra processors had at the core of its business model the exploitation of undocumented workers. half their workers, almost 400 of them, were not authorized. workers allege th...
September 5, 2018
Importance of course of religious liberty in the united states and also has recognized, i think, that religious speakers, religious people, religious speech is entitled to a space in the public square. and not to be discriminated against. i think the trinity lutheran case is an important one on that. the good news club case, thats a case where as an after-school program at a school gym, i think, or auditorium and the religious group was excluded and the supreme court said you cant just exclude t...
September 5, 2018
Every issue imaginable. youre trying to resolve this case under the principles and precedents, the text of the law in question. the text of the statute in question and decide that case or controversy. and thats how judges build up the system of precedent over time by deciding one case at a time and not trying to do more than they can or more than they should. >> [ inaudible ]. >> judge, dont you think that what youve described for us and deciding cases on a case-by-case basis has an important fo...
September 5, 2018
Flyers to all over the place to say if you need your lawn cut, call me. so lawn cutting and then the construction job, the one summer. >> my dirtiest job i ever had was four summers working in a slaughterhouse. >> yes. >> i always wanted to go back to college. >> yes. >> couldnt wait to get out of there. it was unbearable. it was dirty. it was hot. the things i did were unimaginable and i wouldnt even start to repeat them. then came a case before you called agra processor company versus nlrb. at...
September 5, 2018
This as well. judges, unlike legislators, dont run for election. you dont have a platform. >> no. >> vote for me. this is what ill do if elected into office. one of the most important elements of limiting the important role of judges, i think, under the constitution is that youre required to decide a case on a case-by-case basis, rather than issuing some sort of oracle saying henceforth, the law will be thus. assuming you could get eight other judges on the team of nine you talked about to agree...