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Agenda in any direction on -- im a judge. im just trying to resolve the precedent -- >> let me close by saying this. im just a judge, i just follow precedent. gosh, weve heard that so often and i hope its the case. we know theres more to your job than that. >> i agree. >> the fact that you were a dissenter and everyone else saw this the other way should give us pause when you say im just following precedent. >> respectfully, senator, that opinion, im proud of that opinion because i think it care...

Law of judicial precedent. i checked it out. its 900 pages long. i havent read every page of it either. >> its not meant to be read word for word. its a treatise where you go to a section that might be on point or something. >> let me ask you a more basic question and we can work our way into that. should -- when people go to court, should they expect a different outcome if the judge was nominated by a republican from a court where the judge was nominated by a democrat? >> no. thats an important...

Chief justice warren had, the fact that it understood the real world consequences of the segregation on the african american students that were segregated into other schools and stamped with a badge of inferiority, that moment in brown versus board of education is so critical to remember and the opinion is so inspirational. its a relatively short within. but its very powerful, very focused on the text of the equal protection clause and correcting that awful precedent of plessy versus ferguson. a...

I have always had a little bit of a problem with that line. were infallible because were final. no. both parts of that are wrong in some sense. i never want to think of the court as infallible. i never want to think of it necessarily in the way youre describing either. the people always have an ability to correct through the amendment process. the amendment process is hard. hasnt been used as much in recent decades. of course, at the beginning of the country, the amendments were critical. dread ...

Talk to but could consult with if she wanted about the decision facing her. so we had to analyze this first as a minor and then for me the first question always what is the precedent. the precedent on point from the supreme court is there is no case on exact points, so you do what you do in all cases. you reason by analogy from the closest thing on point. what is the closest body of long point? the parental dissent decisions of the supreme court where they upheld parental concession over dissent...

Your point. in the parental consent cases of the supreme court recognized that there could be some delay because of the parental consent procedures. in fact, justices marshall, brennan and blackmon dissented in cases because they thought the case was too long. i quoted that in my garza opinion and made clear that it had to happen quickly and i looked at the time of the pregnancy to make sure on safety. i talked about safety. i specifically say the government cannot use this as a ruse to somehow ...