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

That really is a question for the house and the senate. >> let me move on. this is about actual opinions and really along the same lines that i know senator coons will talk to you about. but in the seven sky v. holder case, i quote, this is you, "under the constitution, the president may decline to enforce a statute that regulates private individuals when the president deems the statute unconstitutional even if a court has held or would hold the statute constitutional. so you told me when we had the comment in my office that you attempted to clarify your views two years later in the aiken coun...

Branch of our government and they pose a threat to civil liberty. so as a follow, do you think the other independent agencies are constitutionally suspect? >> the supreme court is obvious upheld since 1935 humphries executive 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 -- >> you think the humphries case of 80 years ago is correctly decided? >> it's a precedent of the supreme court and it's been reaffirmed many times. on the cfpb case, i need to get this out. i...

In the second case, you also dissented in the anthem case last year. your opinion would have allowed a merger between two of the four nationwide health insurance providers, which was eventually blocked because it would lead to higher prices for healthcare in the long-term and what was viewed as poor quality insurance. here you went a step farther than whole foods. instead of trying to raise the bar on what the government would have to prove to block a merger, you also tried to lower the bar for merging companies trying to justify their deals. your opinion suggested you would lowter bar for mer...

Discussion with senator lee. you think a good judge would grant a continuance to someone that received 42,000 documents on the day before the start of a trial? >> senator, that's a decision for the committee. i'm not familiar with the circumstances of the document. on the solicitor general, with chief justice roberts, it was not an active case. it was four years of documents from the time he was solicitor general from 1989 to 1993. it was my understanding it was those documents. my point is, it's not a new issue and it's not an issue for the nominee to decide. they're the former president's do...