Page 85 - Methodology News Today

What specific constitutional clauses or rights has the supreme court held that can be interpreted by looking to international law? >> im not aware of any that are properly illuminated by reference to international law. >> i want to go to a question that senator durbin asked. i will probably go a little more but i remember when this is about your judicial philosophy and you made the three steps you take to go through a case and apply the law, and you say your methodology is limited power and stay...

Her general answer is that she doesnt have a philosophy, she has a methodology. that she is careful. that her opinions are very often long winded, that she wants people to know what her thought process was as she went through the process of coming to a conclusion. but people who want to be justices these days do not give a philosophy. judge bjork gave a philosophy and did not get confirmed. didnt work out so well. it is a very, very dang russ proposition for her to do that. shes been confirmed m...

She keeps coming back to saying how she approaches this methodology of judging. they had something that we all anticipated, but its some particularly interesting with regard to judge jackson because she declined to answer questions about her judicial philosophy when she came up as an appellate nominee not long ago. >> yes she did. we know these nominees gave very tailored answers. indeed you are coached in that fashion. i want to pull up something from senator lindsey graham earlier today. he po...

Our responsibilities. we understand at the district court level, at the court of appeals level and at the supreme court that judges are constrained in the exercise of our power under our constitutional scheme. my methodology is designed to help me to 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 to myunderstanding of my constraints and responsibility to be impartial in my rulings. i think it would b...

Today. >> jacob, stay safe, my friend. thank you very much. and lets go back now to chris jansing with the latest on the supreme court confirmation hearing. >> katy tur, thanks so much, and thanks to jacob, as well. congress still asking questions to judge ketanji brown. lets listen in. >> you have had such different experiences, how does that shape your approach when deciding a case? >> well, thank you, senator. as i mentioned at the beginning, i have a methodology that i apply when im decidi...

Because were all concerned about the legitimacy of our institutions and particularly, i would say the institution of our judiciary. how does a judge, when approaching your desigds, how do you try to avoid being seen as a policymaker by embracing doctrines like substantive due process which essentially gives judges cart blanch to do whatever they want? >> well, senator, ive not had that particular situation. i have a methodology that is designed to avoid my importation of policy perspectives. the...

Judge who comes from practice. that i was a trial judge and my methodology has developed in that context. i dont know how many other justices other than justice sotomayor have that same perspective but it informs me with respect to what i understand to be my proper judicial role. >> what aspect of your record as a judge do you believe have been the most important for the good of the country? >> well, i think that all of my record is important to some degree because i think it clearly demonstrate...

Any moment now, chairman durbin taking his seat, and senator lee also just sat down. we are awaiting the questions to begin, john, and they should begin shortly. we have andy mccarthy standing by. when you set up what we are about to see this afternoon and what you are looking for? >> especially senators lee and cruise are constitutional scholars. i think they are going to go after the judge on her philosophy. when she gets asked about philosophy, she switches the conversation to methodology. bu...

Regardless of race, regardless of party, regardless of views? thats what the focus of this hearing should be. >> well, democrats like senator chris coon pushing back on that potential line of questioning. >> in every case you methodically consider the partys arguments, the relevant facts and the law, including of course the foundation of the constitution. the text of applicable statutes and the precedence that apply. ultimately from what ive seen, you come to a decision based on that methodology...

Likable and winsome and on the stage for a lot of americans to look up to. im at the rah rah here here side of the debate at the level of what is a supreme court justices job. i think thats what a lot of us are still trying to tease out the philosophical distinction, which i think is more than a methodology. i want to thank you for that answer. youve brought up the fourth amendment a number of times in our conversation and id like to talk more about constitution and whether its meaning changes. ...