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Why not release the documents and some never made public if the republicans get their way. john cornyn, number two in the leadership, also a key member of the committee making the case this is not about brett kavanaugh. >> running for president is no excuse for violating the rules of the senate or of confidentiality of a documents that we are privy to. >> talking about the public right to know. you want to give up your e-mails right now? make them public. i dont think you do. >> we try a lot to ...

So i hope that one day the court will sit down and think long and hard about the path they have charted and not just about abortion. whether or not its right for people in your business on any given day based on any given case of controversy to say that the word liberty looking at the history of the country and the penumber of rights means "x" and shuts out all of us who have gone to the ballot box and gone through the test of being elected. all i ask is that you think about it. also, i want to ...

Youve referred to youngstown case in the context of a war and a decision by a president that was immensely unpopular. >> yes. >> and the decision or might have been popular i should say and the decision of the supreme court which could have been very unpopular at that moment in history. what im trying to ask you is historical context. do you understand where we are as a nation now? when books are written about how democracy dies, when fear of authoritarian rule and the expansion of the executive...

You cited the scalia dissent in the case of the consumer financial protection bureau where you gutted that agency. and in the 2011-7 sky case you dissented from a decision of the affordable care act and repeated over and over again and you said, under the constitution the president may decline to enforce a statute that regulates private individuals when the president deems the statute unconstitutional. even if a court has held or would hold the statute constitutional. your words. of course, the ...

System which we have now and have had historically is a distinct system, appointed by the attorney general. morrison has nothing to do with that. that dealt with the old statute as you said which is expired in 1999 under overwhelming consensus that statute was inappropriate. secondly, morrison, justice scalias precedent, does not prevent the supreme court precedent that allows independent agencies to exist. those independent regulatory agencies continue to exist, of course. so both on the indepe...

To continue operating and performing its important function for american consumers. the only correction would have been in the structure. it was unlike every other independent agency created previously. as to the concept of prosecutorial discretion in the 2011 case, that is a traditional concept. prosecutorial discretion. thats recognized in the executive branch. the limits of it are uncertain. thats arisen with president bush in the immigration context. theres debates of the limits. theyre not ...

Because of its significance in light of the trump presidency. the reason were so interested in your view that that case was wrongly decided has lit toll do with the statute that was in question. it has everything to do with your views on the power of the executive. and what that would mean for this president and future presidents if you join the supreme court. justice scalias morrison versus olson sole dissent embraces the so-called unitary executive theory which grants sweeping power to the pre...

Dramatic morning hearing in the confirmation of brett kavanaugh to be the next supreme court justice. major questions raised by democrats today including a threat by one of them. he actually did break the senate rules and says if i get expelled, so be it. corey booker. that senator making the case that the republicans are helping to hide e-mails he insists show insights on brett kavanaughs real issues on abortion rights in the e-mails. dramatic confrontations this morning. a break in the proceed...

Recall what i said. i do recall there was a good deal of internal debate about that signing statement as you can imagine. i do remember it would be controversial internally. its hard to imagine you cant remember that controversial issue. given our concerns about your views on executive power, its important for you at this moment, please, to clarify for us the power of the presidency in this age of donald trump. >> senator, thank you, first, thank you for your comments about my wife and daughters...

In this age of president donald trump, this expansive view of presidential power takes on added significance. earlier this year, the senate judiciary committee and ruled it to protect bob mueller. several republican senators do here today and decided it was scalias dissent to justify their opposition to a bill protected of the special counsel. "many of us think that we are bound by scalias dissent." at the time, i joked and said we are dealing with scalia decisis. we are worried that you will fe...