Hilley Case News Today

Congress has decided what it is that a judge has to do in this and any other case when they sentence. and that statute, that statute doesnt say look only at the guidelines and stop, the statute doesnt say impose the highest possible penalty for this sickening and egregious crime. the statute says calculate the guidelines, but also look at various aspects of this offense and impose a sentence that is, quote, sufficient but not greater than necessary to promote the purposes of punishment. and in e...

Judging. there are certain cases in which it is relied upon where congress directs or where the standard or such, the case involves a treaty, for example, and you have to interpret international law in order to be able to address it, but there are very, very few cases, in which international law plays any role and certainly not in interpreting the constitution. >> i think you probably have answered my next two questions, but if you say you have nothing to add, ill still want to ask the questions...

Understand their arguments. and then the third step is the interpretation and application of the law to the facts in the case. and this is where i am really observing the constraints on my judicial authority. there are many constraints in our system, importantly, because judges have limited authority, and so i am, first of all, looking at my jurisdiction. threshold matter in every federal case to make sure you even have the power to hear the case. in evaluating jurisdiction, youre looking at all...

Which specific constitutional pauses or rights have the supreme cowart held that can be interpreted by looking to international law? >> im not aware of any that are properly illuminated by reference to international law. >> now i want to go to a question that senator durbin asked. ill probably go a little bit more, but i remember when this is about your judicial philosophy and you made three points, three steps you take to go through a case and apply the law, and you say your methodology is limi...

It is submitted by certain parties, i am clearing my mind of any preconceived notions about how the case might come out, setting aside any personal views, it is very important that judges rule without fear or favor. the second step is once i have cleared the decks, so to speak, in this way, i am able to receive all of the appropriate inputs for the case. that is the partys arguments, they have written briefs, sometimes we have a hearing, sometimes we hear from other parties, amici in the case. a...

Over the course of my almost decade on the bench, i have developed a methodology that i use in order to ensure that i am ruling impartially and that i am adhering to the limits on my judicial authority. i am acutely aware that as a judge, in our system, i have limited power, and i am trying in every case to stay in my lane. and so what i do is i essentially follow three steps. the first step is when i get a case i ensure that i am proceeding from a position of neutrality. this means that you get...

Incarceration of some magnitude. one case, the hilley case, i want to quote what you said on the record, this family has been torn apart, speaking to the defendant, by your criminal actions, you saw it on the faces of those women, you heard it in their voices and the impact of your acts on those very real victims who are still struggling to recover this day makes your crime among the most serious criminal offense this court has ever sentenced. and imposed a sentence of 29 1/2 years on that defen...

Committee suggested that the supreme court has been bought by dark money groups. do you agree that the supreme court has been bought by dark money groups? >> senator, i dont have any reason to believe that thats the case. i have only the highest esteem for the members of the supreme court, whom i hope to be able to join if im confirmed and for all of the members of the judiciary. >> thank you for that answer. going to international law. during an aba panel on international law last year, justice...

Unconstitutional and another word he used was dangerous. he argued that it violated the appointments clause. so understanding that you may get a case before you on the false claims act, but maybe this appointment clause is sound enough, you could answer to key tam suits violate the appointments clause? >> so, senator, i am not familiar with that -- >> could you answer in writing then? >> well, i would be happy to do whatever. im trying to assess -- >> im sorry, i shouldnt have interrupted you. >...

0 get here today are some of the key answers. we have seen in hearings past nominees refuse to weigh in on what can come before the court, to the concern and consternation of members on this committee. expect some moments of contentiousness between republicans and this nominee. well see how she responds to pointed and direct questions. will she get tripped up and will anything change and will she win over any republicans to ultimately support her? one republican who could break ranks lindsey gra...