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Candidates, nominees from president republican president s have learned a lot about how to deal with the hearings. When you heard kavanaugh say as he did, talking about the parties to the case that theyre Flesh And Blood Human Beings and we need to have empathy for them and real world consequences of the court are very important. As a political matter, great stuff. A legal matter, its nonsense. Were youre an Appellate Judge and an issue comes before you, the issue is not the parties. Youre to resolve the legal issues. Its a purely legal matter. The parties may happen to be the case that they p...

Statutory bounds to the secretaries independent judgment. that to me is exhibit a of activism. let's go back to the child pornography cases. >> senator, would you allow me to -- >> yes, please. >> thank you. the statute and the circumstances that you reference are accurate insofar is that is what the statute says. it is not all of it. it doesn't describe the designation process i was trying to articulate and it doesn't address the fact that congress has another statute that is presumptively applied in agency cases to tell agencies how to exercise discretion. there is also d.c. circuit case law...

Dozens of time. we get agency cases. that's what we do on the d.c. circuit. i've upheld them, i'm sure, in the same range if not many more times. so -- and on the -- and so i think my record will show that i've ruled both ways on those kinds of cases. i don't think i have a pro this or pro that record. >> one last question in this area on consumers. so the major rule of doctrine raises questions to me about your view of chevron. if you know, it said 1984 case, federal law, i'll ask you that, where courts refer to reasonable interpretations of agencies. what would you replace it with if you're ...