Page 48 - Second Question News Today

Everybody else does it and your answer is no. >> and the reason is rooted in judicial precedence. so my respect for judicial -- >> thank you. let me go on to another subject, which is executive privilege. executive privilege is a principle that is founded in the constitution and the separation of powers, correct? >> the supreme court so ruled in the united states versus richard nixon case. so that was the first -- the key issue in the united states -- >> its all right. i need the answer to the q...

Undocumented, who could unionize to protect themselves in the workplace. you went out of your way to dissent all the way along and make sure they didnt -- in your view, they didnt have that right, that they didnt have that right to unionize. >> i very respectfully disagree, senator. the reason i disagree is that the supreme court did say that the immigrant was covered under the definition of nlra. if it ends there, im with you 100%. the supreme court says and we consider also in resolving this q...

And shes pregnant. that is a difficult situation. i recognized and tried to understand that. as a judge, not the policy maker, i tried to understand whether the governments policy was consistent with the supreme courts precedence. i did the best i could. i said, some people disagree with those precedents and think those kinds of statutes should not be allowed. but i had -- precedent is not like a cafeteria where i can take this and not that. i had to take casey in completely. casey reaffirmed ro...

In room]. >> i understand the question then and the answer then and i understand the answer now and the question now to be 100% accurate. you were concerned about whether i was involved in the program that two other nominees had been involved in. and the report that senator feinstein produced, the justice department report, they showed that i wasnt. in other words, the program, crafting the program for the enhanced interrogation techniques for the detinees. >> judge kavanaugh, thats not the ques...

>> privileges are recognized. >> when theyre asserted. >> as a general proposition -- >> fair enough. im asking -- >> the attorney client privilege -- >> yeah. and who asserts executive privilege? >> ordinarily, that is a complicated question, senator. that is -- >> who does it come back to? who asserts executive privilege. >> depends what youre talking about. what kind of executive branch document, it depends. in my experience -- >> ultimately its the president. >> theres not as much precedent ...

"minors benefit from consultation about abortion." a quote talking about consultation with parents. >> so youre adding a requirement here. beyond the state of texas requirements that there be some sponsor chosen who may or may not be consulted for this decision? the clock is ticking on her pregnancy. >> couple things, senator. you said you are adding. im not adding. im a judge. the policy is being made by others. im deciding whether the policy is consistent with supreme court precedent. theres t...

Youre trying to resolve this case under the principles of precedents, the text of the law in question, the text of the statue in question and decide that case or controversy. thats how judges build up a system of precedent over time, by deciding one case at a time and not trying to do more than they can or more than they should. [protest in background]. >> judge, dont you think what youve described for us in deciding cases on a case by case basis has an important foundation and fairness to the l...

And personal body guard. so i find the suggestion that somehow youre prejudiced against the small guy in favor of the big guy or that you are picking and choosing what youre going to render judgment in favor of based on something other than the rule of law, i think this answers that question conclusively for me. the fact that you could separate yourself from the emotional involvement you had along with so many people you worked closely with in the white house on september the 11th and you could ...

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...

She would not be forced to talk to but she could consult with if she wants the decision facing her. we have to analyze this, first is a minor and then for me, the first question was whats 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 case and you reason by analogy from the closest thing on point. whats the closest body of long point? the parental consent decisions of the supreme court where they repeatedly upheld par...