tenth circuit. it would be grossly improper of a judge to do that. it would be a violation of the separation of powers and judicial independence if someone sitting at this table in order to get confirmed had to make promises or commitments about how they'd rule in a case that's currently pending and likely to make its way to the supreme court. >> the president's national security determination, are those reviewable by the court? >> no man is above the law. >> because these asserted that they are national security determinations are unreviewable by the court. i've heard presidents, other presidents say it in the past. i disagree when they say that. do you disagree? >> senator, as a judge, as a judge, i apply the law. and the apply here i think is