Page 20 - Heller Case News Today

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...

Hard case has arrived once its decided it takes on the force of president becomes an easy case in the future and contributes further to the determination of our law end quote if more recent opinions have called into opinion the rationale of the original case and you also suggested there may be circumstances where its appropriate to revisit precedent. specifically you wrote that it may be appropriate to reconsider a decision where it has become a quote, presidential island surrounded by a sea of ...

Review whatever you have before you i was asking in the capacity of a speechwriter and taking material produced by the component responsible for litigating these issues including mr. clement, paul clement, a dear friend of mine. and the office of legal counsel and others and assembling it to put words in together that sounded like english. i think people like my writing and that was my job. i think i was the scribe. >> all right. lets me of on. id like to go to the heller case. when we met in my...

Right? i was advising 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. circuit upheld it. the supreme court of the united states eventually many, many years later, found that the process was insufficient. and thats the buomeddiene case, as you know, senator. but to say there was no process would be inaccurate, too, because the detainee treatment act had a long list of pr...

Something that would indicate that you would give a worker a fair shot. maybe its in your background somewhere that i dont know about, but id like to have you respond to it any way you can. >> senator, i really appreciate that. i think there is a way to take a look at this question without me potentially prejudging the case. and i appreciate your respect for that. and just to finish that thought, im concerned that i have to look the litigant in the eye in the next case. and if i prejudge that ca...

To review whatever you have before you, is that i was acting in the capacity as a speechwriter and taking material produced by the components that were responsible for litigating these issues, include playing clement, paul clement, a dear friend of mine. and the office of legal counsel and others. and assembling it to put words in together that sounded like english. and i think people like my writing, and that was my job. i think i was the scribe. >> okay. lets move on. id like to go to the hell...

Modern technology. how do you apply the original constitution written 200 years ago to that? the court went back and looked at the law 200 years ago. one of the thing it found is attaching something to someone elses property would be considered a search and the court held if that is a trespass to chatle it had to be today though the technology is obviously different. so the technology changes but the principles dont. and it cant be the case the united states constitution is any less protective o...

Weight and respect to due precedent. >> those two cases were 5-4 decisions so let me ask you about something that was unanimous. hosanna tabor. the supreme court ruled 9-0 that the obama administration couldnt tell a church who its ministers can be. 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 ministers could be. like i said, that case was 9-0. can you...

Thats a very good explanation. we held a confirmation hearing for justice sotomayor in 2009 and the minority leader was a member of committee and said she puts the rule of law above everything else and judge sotomayor has adhered to the text of statutes even when rulings goes against sympathetic litigants, end quote. do you agree with senator schumer your duty is to follow the law even when it comes to running against sympathetic litigants? >> yes, senator. i cant tell you when i go home and tak...

After that, three or four years i cant remember exactly. the board of immigration appeals in its infinite wisdom said our interpretation is wrong. chevron, you have to undue the judicial precedent this man had relied upon and that 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 of when charlie browns going in to kick the ball and lucy pick it up at the last second and it struck me as raising serious due p...