Precedent Creat News Today

To apply it. it was applied by the majority opinion in the brown and williamson decision. its the godfather of the major rules or major questions doctrine. justice breyer wrote about it in the 1980s. the supreme court adopted that. the brown and williamson case applied it in the case you referenced, justice scalias opinion. what that opinion says is its okay for congress to delegate various matters to the executive agencies to do rules, but on major questions of major economic or social signific...

Amendment? robert bork described it as an inkblot. do you share that assessment? >> so i think the ninth amendment and the privileges and immunities clause and the supreme courts doctrine of substantive due process are three roads that someone might take that all really lead to the same destination under the precedent of the supreme court now which is that the supreme court precedent protects certain unenumerated rights so long as the rights are as the supreme court said in the gluxburg case roo...

Public. of course, i think think all should be maybe public, the ones that -- and i dont like this committee classification, what happened, but the chairman did allow me to make those public. and in those documents, in one e-mail from march 2002, you discuss limits on contributions to candidates saying, and i have heard very few people say that the limits on contributions to candidates are unconstitutional. although, i for one tend to think those limits have some constitutional problems. i just ...

An umpire, whos not wearing the uniform of one litgator or another, one policy or another. someone who reads the law as written, informed by history and tradition in precedent and constitutional cases. the law is written, informed by the cannons of construction that are settled in statutory cases, that treats litigants with respect, that writes opinions that are understandable and that resolve the issues. i think civility and collegiality help make a good judge. a good judge understands that rea...

Times. we get agency cases, thats what we do on the d.c. circuit. ive upheld them im sure in the same range if not many more times. so i think my record will show that ive ruled both ways on those kinds of cases. i dont i have i have a pro this or pro that record. >> one last question in this area. so the major rules doctrine actually raises questions to me about your view of chevron. as you show, its that 1984 case. you would think its settled law, but ill ask you that. courts generally refer t...

Judicial activist? >> i would describe a judicial activist as someone who lets his or her personal policy preferences overnight the best b interpretation of the law. so a judge who strikes down a law as unconstitutional when the text and precedent dont support that result or a judge who upholds the law as constitutional when the text and precedent suggest that the law is unconstitutional. so, too, in statutory cases. when a judge does not stick with the compromises that you have reached and writ...

With respect to contribution limits, however, there are cases where the contribution limits are too low. so subsequent to the e-mail youre talking about, the supreme court has twice struck down contribution limits, one in a case randall versus -- >> im aware of these cases. >> buckley is an important precedent. theres a lot of case law subsequent to those e-mails. mcconnell, citizens united, which fleshes out some of those. >> i mean, my issue is weve had past nominees who said they would honor ...

Judges on the court, appointed by both parties, went with the traditional and presidential view of how to look at this. you use the the 1986 law review article by albeit justice breyer and then the ding v. burwell case. im trying to show this pattern where you say, oh, congress should step in and do everything. youre stepping in, in these cases. >> i would say its a pattern of adhering to precedent. >> okay. well, it seems that the precedent to me, when you look at, for instance, chevron -- and ...

Data and the level of agreement? >> well, i think were trying hard to find common ground and to, as ive said before, hes a great judge, a great chief judge. hes very careful and very hard working. we work well together and try to read the statute as written, read the precedent as written. hes a judge who does not -- like i try to be as well, a judge whos not trying to impose any personal preferences on to the decision but take the law as written. thats what ive tried to do in those cases, and th...

The statute passed by congress. thats to me the textbook definition of a judicial activist adding to or subtracting from the text as informed by the precedent. >> you have written a number of opinions addressing separation of powers. why does separation after powers matter? why should an american at home watching this on cspan care about the separation of powers? >> people should care about separation of powers because it protects individual liberty. it is really the protectional foundation of i...