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Businesses to have an equal playing field. but in u.s. telcom association, in your own opinion, you went out of your way to dissent against the protections. this was the full d.c. court against you. the rules were uphold by a panel of judges appointed by presidents from both parties. and here you relied on something else that you came up with called the major rules doctrine. i know it's been mentioned in a 2015 case, but in claiming that the fcc lacked authority to issue net neutrality rules because they were, in your words, major. so again, it feels to me like congress set up the fcc and fcc ...

And the senators get about two questions in to the details, and the nominee starts telling -- talking about the case in a way the senator obviously doesn't know enough. >> and the senator wants to move on and ask another question because he's out of his depth. >> except on the abortion one, senator durbin did say, jake, to your point, that if you followed that dissent, you'd be adding perhaps another requirement on a woman who was seeking abortion. so at least there was a little bit more. i think we're going to see that down the line. >> which is the root of the issue. if you look at these cas...

Stability and predictability and reliance, interests that are protected by the law. so there are a number of things that go into making a good judge. a work ethic. it's hard work to dig in and find the right answer in a particular case. i think that's critically important as well. judicial temperament. there are a lot of factors that go into it, and that's -- those are some of them. i'm sure there are more. >> one of the things i was looking at, it's striking, both the overheated rhetoric we have heard from some of our democratic colleagues, and also from some of the protesters over the last t...

Traditional humphries executor agencies. the concern i explained with the single director independent agency goes back to your point about federalist 47, which is if you have an independent agency that's completely unaccountable to congress or unaccountable to congress or the president and it's one person in charge, that becomes an extremely powerful position. >> okay. but social security has been like that for a long time. so my issue is when we were talking about executive power, you talked about how congress has to step in, right. that's a lot of the argument you've made to some of my colle...

Cited your opinion in arguing to have these charges thrown out. does that concern you at all? >> our case dealt with contribution limits. so that's what i was opining on in that case. so i'm not sure that there are -- the state of the law on the expenditure limits was not before us in that case. so i don't want to opine on expenditure limits. you should know that opinion was cited by -- >> well, i don't know if it was cited -- well, i don't want to talk about a pending case. my case i upheld. importantly, i upheld limits on contributions in the rnc case and the bloomen case, and the supreme co...