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March 21, 2017
Conservatives will try to do is make sure they make the case and gorsuch is the worthy heir to the scalia seat. they think he is an appropriate person, the best person to continue to conservative legacy on the court of the late justice scalia. gorsuch met with 72 senators from the left and right in private. this is going to be the first chance that senators who like him and senators who may be skeptical of him are going to have to ask questions on camera in front of everybody. the whole worlds w...
March 21, 2017
Judicial independence means and specifically tell us whether youd have any trouble ruling against a president who appointed you. >> thats a softball, mr. chairman. i have no difficulty ruling against or for any party other than based on what the law and facts and the particular case require. and im heartened by the support i have received by people who recognize that theres no such thing as a republican judge or a democratic judge. we just have judge. when i think of what judicial independence m...
March 21, 2017
Miles by 2025. how else could we have done it? >> im not aware of anything wrong with that, senator. ive never suggested otherwise. >> but what you said is that congress could in the legislate by leaving some of the rules up to the scientists or other professionals independents as i understood it at chevron. >> i appreciate the opportunity to correct the misunderstanding. the case i think youre referring to is gutierrez. >> thats correct. >> it involved an undocumented immigrant to this country ...
March 21, 2017
With one on workers right. theres been a number of supreme court cases where the court has made it holder to hold employers accountable and we discussed the case trans am theres or four of us. let me give you a short list. ledbetter versus goodyear tire which limited the ability of women to seek equal pay. gross v.fbl financial services which made it more difficult to prove age discrimination and in 2013 there was a case that made it more difficult for employees to prove theyd been retaliated ag...
March 21, 2017
E-mail looking at more than 100 interviews and essentially putting in a 7,000-page report 32,000 footnotes documenting no conclusions just fact. the report has remained classified i have read it. we put out a 450 page summary which is public. in that summary the case the administration spelled out where torture produced operable intelligence was simply not so. we elaborate on that in the big report and my hope is one day not too distant that report will be de class so the american people can see...
March 21, 2017
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 that he now had to wait outside the country not just 10 years but 13 or 14 because it took them so long to make up their mind. senator, that reminded me of when charlie brown is going in to kick the ball and lucy picks it up at the last second. a...
March 21, 2017
Thats a very good explanation. we held a confirmation hearing for justice sonia sotomayor in 2009. senator charles schumer, now the minority leader, was a member of this committee and praised the nominee in this way. quote, judge sotomayor puts the rule of law above everything else. judge sotomayor has viewed carefully to the text of statutes, even when doing so results in rulings that go against so-called sympathetic litigants, unquote. do you agree with senator schumer that your duty is to fol...
March 21, 2017
To be part of it. and an honor. >> the fourth amendment protects the right to be free from, quote, unreasonable searches and seizures, 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 amendment in cases where the technologies or -- and/or methods at issue were, o...
March 21, 2017
More controversial issue, but along the same lines ive been asking you. i think the case that most people are thinking about right now and the case that every nominee gets asked about, roe v. wade. can you tell me whether roe was decided correctly? >> senator, again, roe vs. wade decided in 1973 is a precedent of the united states supreme court. its been reaffirmed. the reliance interest considerations are important there and all of the other factors that go into analyzing precedent have to be c...
March 21, 2017
Be part of it. its an honor. >> the fourth amendment protect the right to be free from quote, unreasonable searchs and seizures end quote. it was written in the late 18th century when the tools used by law enforcement to investigate crime and interview suspects were radically different than today. in your view how should a judge approach constitutional provisions like the fourth amendment in case wheres the technologies and/or methods at issue were not even imagined by the founders? >> may i off...