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Path, starting with the 2008 whole foods case where whole foods attempted to buy wild oats markets. very complicated, so i'm going to go to the fwguts of it from opinion. the majority of courts and the -- what happened here is republican majority ftc challenges the deal, and then you dissent. you apply your own pricing test to the merger. my simple question is, where did you get this pricing test? >> well, i would have affirmed the decision by the district judge in that case, which allowed the merger and the district judge, judge friedman, appointee of president clinton's to the district court...

Case, so i cannot talk about it. >> okay. this is just my concern because of this expansive view of executive power, where it brings us and where we end up. i want to move on to some consumer issues. in 2016, you wrote an opinion which was later overturned by the full d.c. circuit in which you found the consumer financial protection bureau unconstitutional. the majority recognized that millions of people were devastated by the financial crisis, and they upheld this bureau and we know now in realtime the bureau has helped about 30 million consumers obtain more than $12 billion in relief. but yo...

Texas and represents the state of texas in many case where is the sovereignty of the state of texas to pass its laws and enforce its laws was critical. and the sovereignty of the individual states is important for the people. again, both for the accountability, the local government, and also, for the protection of individual liberty and i think the tenth amendment underscores that. it also makes -- it helps underscore something else which is the states can't be commandeered by the federal government. commandeering doctrine of the supreme court which recognizes that and this is from the structu...

An umpire, who's not wearing the uniform of one litgator or another, one policy or another. someone who reads the law as written, informed by history and tradition in precedent and constitutional cases. the law is written, informed by the cannons of construction that are settled in statutory cases, that treats litigants with respect, that writes opinions that are understandable and that resolve the issues. i think civility and collegiality help make a good judge. a good judge understands that real people are affected in the real world. the litigants in front of them but also the other people a...

Fourth branch of our government and that they, quote, pose a significant threat to individual liberty, unquote. so does it follow that you think that other independent agencies are also constitutionally suspect? >> so the supreme court is, of course, upheld since 1935 humphries executor decision that the concept and practice of independent agencies. on the cfpb decision, the structure of that agency deviated from the traditional historical practice of independent agencies. >> you think the humphries case that was 80 years ago was correctly decided. >> it's a precedent of the supreme court, and...