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Capricious, ash tear or made sense. The Supreme Court in boumedin struck it down saying it was not an adequate substitute for habeas. Thats correct, senator. Your role was to find out a way to engage congress on the Detainee Treatment because it was your view that congress, being involved, would strengthen the president s hand . As a lawyer . Yes. I was not a policymaker but i did advise. As a lawyer. As did many others. There were very other many fine lawyers, too, senator, who advised the administration that Engaging Congress would be a good idea, because we had read our youngstown and our j...

Can't promise you how i would rule on a particular case. that would be deeply wrong, to sit here at a confirmation table. and i think we agree on that, that it would be a violation of the independent judiciary for a nominee to a court to make a promise on any case in order to win confirmation. >> no, i don't expect you to. >> i know you don't, and i'm really grateful for that. i know you appreciate my position. all i can promise you is that i will exercise the care and consideration, due precedent, that a good judge is supposed to. i've written a book on it. this is not something that is just ...

A person. equal justice under law. it is a radical promise. in the history of mankind. >> does that refer to sexual orientation as well? >> senator, the supreme court much the united states has held that single sex marriage is protected by the constitution. >> judge, would you agree that if an employer were to ask female job applicants about their family plans but not male applicants that would be evidence have sex discrimination prohibited by title 7 of the civil rights act? >> senator, i would agree with you it's highly inappropriate. >> you don't believe it's prohibited? >> senator, it soun...

Person, a person, equal justice under law. it is a radical promise in the history of mankind. >> does that refer to sexual orientation as well? >> the supreme court of the united states has held that single sex marriage is protected by the constitution. >> judge, would you agree that if an employer were to ask female job applicants about their family plans, but not male applicants, that would be evidence of sex discrimination prohibited by title seven of the civil right act? >> i'd agree with you it's highly inappropriate. >> you don't believe it's prohibited? >> senator, it sounds like a pote...

Equal justice under law. it's a radical promise. in the history of mankind. >> does not refer to sexual orientation as well? >> it asterisk, supreme court of united states has held that single marriage is protected by the constitution. >> judge, would you agree that if an employee were to ask female job applicants about their family plans, but not male applicants, that would be evidence of discrimination prohibited by title vii of the civil rights act? >> senator, i agree with you that it's highly inappropriate. >> you don't believe it's prohibited? >> senator, it sounds like a potential hypot...