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September 11th? because the law compelled it. justice kennedy showed us in the texas versus johnson case. we don't make decisions based on who people are or their policy preferences or the moment. we base decisions on the law. justice kennedy's example of independence is something that i have tried to follow. and it means you are not a pro -- as i said yesterday, not a pro plaintiff, pro defense, pro prosecution or pro defense judge. i'm a pro law judge. that is part of being an independent judge is ruling for the party no matter who they are so long as the party is right. if you walk into my ...

>> justice jackson's concurrence in youngstown which is of course what has become the law of that three part test, cat gloegory o two and three, but he had taken positions contrary to that one when heed had worked in the executive branch, yet when he is a judge, he sees it differently as an independent judge. how about chief justice berger? united states versus nixon. writes the opinion, unanimous. moments of judicial independence. so it is resisting public pressure, political pressure, it is treating everyone equally no matter where you are, what station. when i became a judge on the d.c. cir...