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came across. that person can cause some problems. >> it's interesting. maybe i'm showing a bias here. this is a person who has lied -- decades and has ripped off pop families in this county. in the county where he has lived and been treated as royalty his entire life. in his aw shucks i would never do anything to hurt anyone, he has lied to people and stolen their life savings for them for decades and livered off of it. i guess, i don't know, you think jurors can separate something being a serial liar from being a murder? >> i do think there are people that could do that. people can be extremely forgiving by someone that seems to be repentant about their past. that may not be the make up of all the people on this jury, but all they need is to have one person that really relates to that. that has a very forgiving
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you said sometimes that's enough to resolve the issue. so i think i've heard you pay partial tribute to the judicial philosophy of originalism, but you've not adopted it as philosophy or label that applies to you. so maybe one of the places we could tease that out a little bit more is trying to dig into who's jurisprudence you most add mir. we've heard senator grassley, i'm not an attorney, so farming and ranching people from i come from know that john kennedy is super smart lawyer who kind of pretends to be an aw shucks kind of guy as he picks your pocket. >> do i get equal time, mr. chairman? >> he always gets unequal time. he always gets bonus time. but i think it might be helpful for us to understand who you most identify with in past nominees before this committee
analyzing the current dispute. >> so are there non-originalist ways to wrestle through that same question? and what would they be? >> one could imagine that rather than referencing history at all, that the court would look at the constitution. it says no unreasonable searches and seizures, and would just ask in, you know, in light of modern sensibleties, in light of what we would think would be reasonable today or what the court itself would think would be reasonable today. we'd apply that modern understanding to the cell phone situation. and the danger i think justice scalia would say is that that's a kind of framing that permits judges to make a determination based on their own views rather
provisions will require some kind of analogy, i think, but you know, i can't speak to, to anything more than that. >> you have described justice breyer's constitutional approach as pragmatic. what does that mean? >> i understand it to be his approach to be about ensuring that the rules that follow from the supreme court's determinations are ones that make sense and are workable. >> he said recently explaining his approach to interpreting a statute. you're not going to go outside the words, but it often doesn't give you the answer and you look
playing to. i guess he was playing to that 25% of the population out there that are big trump supporters and are the base of the republican party right now. it certainly was not the lindsey graham of most judiciary committee confirmation hearings. this is a man who voted for a number of democratic nominees through the years and who typically looked at qualifications and did not engage in histrionics. he had a moment during the kavanagh hearings where he used righteous anger and he believes that turned the tide for justice kavanagh. he may have been right. and i think he's gotten comfortable in that role. so now he's kind of the drama guy. i was disappointed because he is capable of very pointed, effective questioning.