Bumadine Case News Today

Court. after that three or four years, i cant remember exactly, the board of immigration appeals in its infinite wisdom says our interpretation is wrong, chevron, you have to undo your precedent, the judicial precedent that this man had relied upon and tha he now had to wait outside the country not just ten years but 13 or 14 because it took them so long to make up their mind. that reminded me when charlie browns going in to kick the ball and lucy pick it is up at the last second. that struck me...

Weight and respect to due precedent. >> those two cases were 5-4 decisions. so let me can you about something that was union andthis the only thing controversial about that case was that the obama administration actually tried to convince the supreme court that a bunch of government bureaucrats could tell a church who its minister could be. like i said, that case of 9-0. can you tell me if that case was decided correctly? >> respectfully, senator, id give you the same answer. >> those are relati...

You, is that i was acting in the capacity as a speech writer and taking material produced by the components that were responsible for litigating these issues, including mr. clement, palm clement, dear friend of mine and the office of legal counsel and others and eye sem bling it to put words in together that sounded like english and i think people liked my writing and that was my job. i think i was the scribe. >> ay, let move on. id like to go to the heller case. when we met in my office, we dis...

That. >> id be slighted to, senator. part of the value of precedent -- it has lots of value in and of itself because it is history. but drm nancy of law. we have lots of tools that allow us to narrow the realm of admissible dispute between parties so people can anticipate and organize their affairs. it part of the reason why, we have act finding system and a judicial system thats the envy of the world. and press didnt is a key part of that because as the president pointed out, once a case is set...

>> well, lets go to a mortgage controversial issue. i think the case that every nominee is thinking about and every case that gets asked about, roe v. wade. can you tell me whether that was decided correctly ? >> i would tell you it was decided and it has been reaffirmed and all the other factors that go into analyzing precedent have to be considered. it is a precedent of the united states supreme court, was reaffirmed in casey in 1992 and several other cases. a good judge will consider it as pr...

I believe in the rule of law in this country and i believe it has been a calling to be part of it and an honor. >> the fourth amendment protects the right to be free from, quote, unreasonable seizures and searches, unquote. it was written in the late 18th century when the tools used by law enforcement to investigate crime and monitor suspects were radically different than they are today. in your view how should a judge approach interpreting and applying constitutional provisions like the fourth ...

Them on how to go about doing that legally in conjunction with senator grahams office and others. and it was a bipartisan effort and we put together our best effort. the d.c. circuitupheld it, the supreme court of the united states eventually many, many years later found that the process was insufficient. thats the bumadine case. the question was simply whether they were adequate enough under the suspension clause and that was a close case that divided the court very closely and i respect that d...

Originalism where both justices sought to explain the reasoning by looking at the original public meaning of the second amendment. which decision did you agree with and why? >> i do think everything youve just said is accurate. both justice scalia and justice stevens wrote excellent opinions. in that case. i am not here to grade my bo bosses work. it would be impertinent of me i would expect and i think they would think so. i also think that saying i agree with one or the other would indicate to...

Composition would give a worker a fair shot. i just wonder if you would give a worker a fair shot. >> senator, i really appreciate that. i think there is a way to take a look at this question without me prejudging a case. just to finish that thought, im concern that i have to look the litigant in the eye in the next case. and if ive prejudged that case, they can look at me and say youre not a fair judge and i got no answer for that, got no answer for that. what i think can give you comfort in th...

Miles by 2025 if we continue. what is wrong with that? how else could we have done it? >> im not aware that anything is wrong with that. >> but what you said is that congress could not legislate by leaving some of the rules up to the science -- >> i appreciate the opportunity to correct in misunderstanding. the case i think youre referring to gutierrez. >> thats correct. >> it involved an undocumented immigrant to this country, okay. and the question was there are two conflicting statutes. one s...