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Candidates, nominees from president republican president s have learned a lot about how to deal with the hearings. When you heard kavanaugh say as he did, talking about the parties to the case that theyre Flesh And Blood Human Beings and we need to have empathy for them and real world consequences of the court are very important. As a political matter, great stuff. A legal matter, its nonsense. Were youre an Appellate Judge and an issue comes before you, the issue is not the parties. Youre to re...

Multimember bodies and that was a problem i thought in the consumer financial protection case. i would up with a remedy, still allow that agency to continue operating and performing its consumer functions. >> harris: im harris faulkner, this is "outnumbered overtime." weve been watching the live confirmation hearing of supreme court nominee judge brett kavanaugh. at times in the several hours weve been covering this on fox news today, it has been contentious. at the heart of that contention has ...

The rules of legal interpretation are rules of common sense. >> yes. >> okay. all right. so it just doesnt make common sense to me that we would throw an agency out like that or even the head of it. youre basically putting your judgment in the place of congress. >> but i didnt throw the agency out. i said the agency could continue operating as it was. the only change would be instead of being for-cause removal, it would be at-will removal. there was a judge, not me, on our court who said because...

The rules of legal interpretation are rules of common sense. right? >> yes. >> so it just doesnt make common sense to me that we would throw an agency out like that or -- >> but i did -- >> youre basically putting your judgment in the place of congress. >> but i didnt throw the agency out. i said the agency can continue operating as it was. the only change would be instead of being for cause remove value, would be at-will removal. there was a judge, not me, on the court that said because of that...

You quoted hamilton yesterday from federalist 83 when he said the rules of legal interpretation are rules of common sense, right? >> yes. >> all right. so it just doesnt make common sense to me that we would throw an agency out like that or the head of it. youre basically putting your judgment in the place of congress. >> but i didnt throw the agency out. i said the agency could continue operating as it was. the only change would be instead of being for cause removal, it would be at will removal...