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

Candidates, nominees from president -- republican presidents have learned a lot about how to deal with the hearings. when you heard kavanaugh say as he did, talking about the parties to the case that they're flesh and blood human beings and we need to have empathy for them and real world consequences of the court are very important. as a political matter, great stuff. a legal matter, it's nonsense. we're you're an appellate judge and an issue comes before you, the issue is not the parties. you're to resolve the legal issues. it's a purely legal matter. the parties may happen to be the case tha...

It further down that path starting with the 2008 whole foods case where they attempted to buy wild oats markets. very complicated. i'm going to the guts of it from my opinion. the majority of courts and temperature -- what happened here is republican majority ftc challenges a deal and then you dissent. you apply your own pricing test to the merger. my simply question is where did you get this pricing test. >> i would have affirmed the decision by the district judge in that case which allowed the merger. the district judge, judge friedman, an appointee of president clintons. case is very -- as ...

President can continue to ignore a law even after a court upholds it like you said in seven sky? >> ignore is not the concept there as i think we discussed when we met. when had a good back and forth on that. the concept is prosecutorial discretion. that's the concept that i referred to in aiken county opinion to explain the foot note you're referencing. in prosecutorial discretion is firmly rooted in the united states versus richard nixon case says the executive branch has the exclusive authority and absolute discretion whether to prosecute a case. that's an exact quote. heckler versus cheney...

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