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Constraint that an apellate court is obliged to take the findings of fact as lower kourts have found them and cant indulge in its own fact finding or fact making. does that have a separation of powers element to it, in terms of constraining the free range wandersings of a court that can make up its own facts and then go in its own direction? >> i havent thought about that, senator. >> how about the question presented. should the supreme court, in the question presented, try to keep the question ...

Not to review or overturn the facts of a trial court except in the presence of clear error. >> very rare, yeah. >> thats very -- it is a very important important standard. i hadnt thought about it in separation of powers but it is a very important principle. i was a trial level. >> and the constrapt, does that separation of power tones as well. >> i will give you a similar answer. i dont know about that, but i would say it is an important general practice. sometimes there are exceptions that a c...

But i did raise this in a separate concurrence to raise these questions, and i dont know how id rule as far as supreme court justice on the question. i got to be honest with you, senator cornyn, because id want to do what a good judge does, keep an open mind, read the briefs and i could change my mind. i think youre my old boss steve sentel when he clerked for him he wrote a panel opinion by one way the beginning of the year and by the end of the year en banc for the full court reversing his own...

Case conceded that nonprofit corporations can exercise religion, conceded that. so thats the case we come to the strict scrutiny side. >> i dont want to cut you off. im going to get in big trouble with this. >> i think i would want you to continue your answering his question. >> im sorry, mr. chairman. i apologize. >> i want you to continue. >> and so then youve got the religion, the first half of the test met, right? so then you go to the second half, does the government have a compelling inter...

The ball is in your court. >> do you really think that a supreme court that decided citizens united doesnt get involved in politics? >> senator, i think every justice on the supreme court of the united states is a remarkable person trying their level best to apply the law faithfully. and they -- >> and deeply involved in politics, did they not? they changed the entire political environment, the entire political ecosystem with one decision. you must recognize that. >> senator, its a a precedent o...

Judge is to tee up questions from my bosses, and instruct me heres the question, is this result consistent with the administrative procedures act? which says the section 706 that were supposed to defer to agencies when it comes to questions of fact, to the scientists, to the biologists, but when it comes to questions of law, apa section 706 entrusts courts to decide what the law is, and is this consistent with our valueless of equal protection due process and separationf powers. those are questi...

Toward religious expression, that the court now exhibits "hostility to all things religious in public life." we dont seem to have many limits on expressions of sex, violence, or crime in the public square, but we do seem to have compuctions about religious expression in the public square, and i wonder if you could just talk to us a little bit about your views, not pre-judging cases, but the sorts of considerations that you believe the founders, for example, had in mind, and of course as im askin...

Being spent. >> do you know who is spending the money? >> senator, i -- i could speculate based on what ive read and what ive heard. but i dont know individuals who are contributing. i dont know that. >> do you know if your friend, mr. an shets is contributing? >> i dont know. >> do you think that it should matter who is contributing? do you think that there is a public interest in the public knowing who is contributing? >> well, senator, i think weve got a long tradition from buckley versus val...

Now, instead of ten years its the equivalent of what, 13 or 14 years, and to me, that just seemed like he had the rug pulled out from underneath him and i think a pern in this country should be able to rely on the law as it is, and its a matter of due process and fair notice, when he is told that thats the law, he should be able to rely on it, and i also think its a separation of powers question, when, with all respect, a bureaucracy can overrule neutral dispassionate judges on the meaning of a ...

Level best and we were affirmed by the united states supreme court and its a dialogue like any statutory dialogue between congress and the courts. >> thank you, judge and thank you, mr. chairman. >> senator from texas. >> thank you, mr. chairman. before i start, yesterday my statement i mentioned an op-ed by, in the new york times written by neil katayal, my apologize if i butchered his name. with a name like cornyn im used to it. >> i get a lot worse. got a lot worse. >> the title why i should ...