Page 82 - Methodology News Today

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 ...

Favor and independent in our responsibilities. at the district court level, at the court of appeals level and at the supreme court, that judges are restrained, constrained in the exercise of our power under our constitutional scheme. my methodology is designed to help me make decisions within those confines at every level. its no different now that im on the court of appeals than when i was on the district court with respect to my understanding of the constraints on my authority and my responsib...

Inquiry. candidate should be able -- and then m&a should be able to discuss her judicial philosophy. and we really havent seen that. we are not its introduced it in methodology, but specifically how to interpret the follow-up delma constitution and statutes, we may be seeing that in the future. >> i hope so. stay with fox news since we continue coverage of the historic confirmation >> more carnage unfolding in

Judicial methodology that she uses as a guide while shes on the bench. she gave that answer today in response to questions from senators on the judiciary committee yesterday about her judicial philosophy. by going to -- going on to outline the three steps in her methodology, she offered the senators a pretty thorough understanding of her approach to any case before her as a judge. a useful way for america to get to know judge jackson who could eventually be the first black woman on the supreme c...

Parties are arguing and looks at the facts of the case and looks how to apply the law to the facts. the point is what we need to know is how you determine what the law is that you are going to apply to the facts? thats what she wont tell us. >> harris: thats really interesting the nuance with those words because theyre absolutely not interchangeable philosophy and methodology. i do want to get to this woman issue. the one thing that struck me when she struggled with well, im not a biologist so o...

Philosophy? >> yes, thank you, mr. chairman. over the course of my almost decade on the bench, i have developed a methodology that i use in order to insure that i am ruling impartially and that i am adhering to the limits on judicial authority. i am acutely aware that as a judge in our system, i have limited power and im 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 insure that i am proceeding from a position...

Majority, albeit a narrow one, she is redding for confirmation. what struck me is how her language in talking her methodology to interpret the constitution was often the language of conservatives. she talked about the limited role of federal judge, staying in her lane. she even said several times that she believed in looking at the original intent of the framers telephone constitution. this is language thats very much associated with justice scalia, with justice thomas. and i will be curious to ...

>> i know we walked through a few cases today, now. in some way wes have only scratched the surface of your decade and more than 570 opinions you have written. its clear to me what ive reviewed as we heard from colleagues from conservative lawyers, from judges who wrote to the committee that you are judicious and even handed. you have a demonstrated record of excellence. that you adjudicate on the facts of the law and not as an partisan. i encourage my colleagues to take a fair and even handed l...

But quote justice breyer, he told this committee, if you are going to have a free enterprise economy you must have a strong and effective antitrust law. do you agree with justice breyers statement and how would you verify the gold standard of antitrust law? >> thank you, senator. the antitrust laws protect competition and as you said, therefore protect consumers and competitors in the economy as a whole, and the sherman act and the clayton act are broad in their -- in their statements and their ...

Versus so there is -- >> caricature, exaggerated in various ways, and thats just the message coming from certain republican senators, but what shes done is try to explain how she reasoned out her sentences and how she was bound by certain constraints of federal law of the sentencing -- both of the sentencing guidelines, other congressional dictates, looking at other cases so that when she rules in an individual case its part of a whole. and what she tried to stress at every turn including in tha...