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Lower counts werent bound to follow the precedent of the supreme court. >> is there a single supreme court justice today who agrees with every opinion of the court? >> i think thats got to be zero. >> right. >> so how does that get netted out in the next controversial case when you use these terms, precedent, super precedent, precedent on precedent? how does that get netted out? >> ordinarily it gets netted out by the court following the precedent until and unless the conditions for overturning ...

Decision the supreme court has ever made is right and now a part of the permanent rule book. you sometimes have to throw them out. so sixth grade level, help us understand how from 1896 to 1954 youve repeatedly called brown the greatest moment in supreme court history. its one of the greatest moments in american history as well. in those 58 years, the court was wrong for that whole time and yet the way we think about precedent, we might have or six graders thinking of every decision as right. ho...

You follow the decision by the court subject to the rules of stare decisis. thats part of stability, predictability and part of impartiality, part of public confidence and the rule of law that its not just going to move pillar to post and the wall is stable and foundational. again, its not brown versus board shows its not absolute. thats a good thing. but it is critically important to the impartiality and stability and predictability of the law. >> the fact that harlan should have been the guidi...

Inteariorty from it is a educational facilities and separate facilities more generally. thats how he was able to show that the precedent even with principles of stare decisis in place should be overturned. >> if youre on the court during that period, that 58-year period, i want the get to precedent, super precedent, precedent on precedent, super duper precedent. but one of the reasons you think this is because of the harland dissent. so back up. sixth grade level. what is the purpose of a dissen...

Archibald cox, he obstructed justice or the firing itself violated the constitution. its important for you to know your views on nixon as well. i want to know what you think about the constitution and if it prohibits restrictions on the presidents ability to fire a special prosecutor. >> my views are what the precedent says. in other words, i follow the precedent. the precedent of the supreme court in u.s. v. nixon case did apply that regulation -- >> judge, that was unanimous? >> it was, 8-0. >...

Consequences might be. i dont think youre being direct with me about that because i think to be direct with me about that in this context would put your nomination at risk. >> i respectfully disagree, senator. youre talking about a statute that has not existed for 20 years. >> thats no longer what im talking about. what im talking about is your view of presidential power as made clear in speeches and in writings and in a decision this year. were not talking about the independent counsel statue n...

Members of the media more broadly today. the white house wants to know who is behind this. obviously so does the media. sarah sanders tweeting out today a scolding of the media saying the medias wild obsession of the identity of the coward is tarnishing the reputation of thousands of great americans that proudly serve our country and work for president trump. stop, if you want to know who this gutless loser is, call the opinion desk of the failing "new york times." theyre the only ones complicit...

On certain items and that represents a different thing. >> shepard: the call is coming from inside the house. john, thank you. >> saw that movie, too. >> shepard: yeah. equally disturbing. the hearings continue on capitol hill for judge kavanaugh on fox news channel. >> you also fully utilized the tools available to the independent counsel, right? you were part of a team that sought a subpoena against president clinton for dna evidence, yes? >> can i get 306. >> this is a yes or no question. im ...

Pay attention to your decision or in a statutory case, sometimes maybe congress will think that your interpretation -- >> shepard: the hearing will continue on fox news channel after a brief commercial break. stay tuned. allergies with sinus congestion and pressure?