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Court. after that three or four years, i can't remember exactly, the board of immigration appeals in its infinite wisdom says our interpretation is wrong, chevron, you have to undo your precedent, the judicial precedent that this man had relied upon and tha he now had to wait outside the country not just ten years but 13 or 14 because it took them so long to make up their mind. that reminded me when charlie brown's going in to kick the ball and lucy pick it is up at the last second. that struck me as raising serious due process concerns, fair notice and separation of power concerns when an exe...

Weight and respect to due precedent. >> those two cases were 5-4 decisions. so let me can you about something that was union andthis the only thing controversial about that case was that the obama administration actually tried to convince the supreme court that a bunch of government bureaucrats could tell a church who its minister could be. like i said, that case of 9-0. can you tell me if that case was decided correctly? >> respectfully, senator, i'd give you the same answer. >> those are relatively recent cases. let's talk about cases that have been around for a while. let's look at giddy an...

You, is that i was acting in the capacity as a speech writer and taking material produced by the components that were responsible for litigating these issues, including mr. clement, palm clement, dear friend of mine and the office of legal counsel and others and eye sem bling it to put words in together that sounded like english and i think people liked my writing and that was my job. i think i was the scribe. >> ay, let move on. i'd like to go to the heller case. when we met in my office, we discussed the heller decision, which you said you were open to discussing since the case had been deci...

That. >> i'd be slighted to, senator. part of the value of precedent -- it has lots of value in and of itself because it is history. but drm nancy of law. we have lots of tools that allow us to narrow the realm of admissible dispute between parties so people can anticipate and organize their affairs. it part of the reason why, we have act finding system and a judicial system that's the envy of the world. and press didn't is a key part of that because as the president pointed out, once a case is settled, that adds to the determi

>> well, let's go to a mortgage controversial issue. i think the case that every nominee is thinking about and every case that gets asked about, roe v. wade. can you tell me whether that was decided correctly ? >> i would tell you it was decided and it has been reaffirmed and all the other factors that go into analyzing precedent have to be considered. it is a precedent of the united states supreme court, was reaffirmed in casey in 1992 and several other cases. a good judge will consider it as precedent of the united states court, worthy of treatment like any other. >> what about grist wald, w...