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Candidates, nominees from president republican president s 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 theyre 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, its nonsense. Were youre an Appellate Judge and an issue comes before you, the issue is not the parties. Youre to resolve the legal issues. Its a purely legal matter. The parties may happen to be the case that they p...

Multimember bodies and that was a problem i thought in the consumer financial protection case. i would up with a remedy, still allow that agency to continue operating and performing its consumer functions. >> harris: i'm harris faulkner, this is "outnumbered overtime." we've been watching the live confirmation hearing of supreme court nominee judge brett kavanaugh. at times in the several hours we've been covering this on fox news today, it has been contentious. at the heart of that contention has been a new jersey senator, cory booker. saying he would capitulate or surrender to senate rule of...

The rules of legal interpretation are rules of common sense. >> yes. >> okay. all right. so it just doesn't make common sense to me that we would throw an agency out like that or even the head of it. you're basically putting your judgment in the place of congress. >> but i didn't throw the agency out. i said the agency could continue operating as it was. the only change would be instead of being for-cause removal, it would be at-will removal. there was a judge, not me, on our court who said because of that constitutional flaw, the whole agency had to stop operating. i specifically and explicit...

The rules of legal interpretation are rules of common sense. right? >> yes. >> so it just doesn't make common sense to me that we would throw an agency out like that or -- >> but i did -- >> you're basically putting your judgment in the place of congress. >> but i didn't throw the agency out. i said the agency can continue operating as it was. the only change would be instead of being for cause remove value, would be at-will removal. there was a judge, not me, on the court that said because of that constitutional flaw, the whole agency had to stop operating. i specifically rejected that as a r...

You quoted hamilton yesterday from federalist 83 when he said the rules of legal interpretation are rules of common sense, right? >> yes. >> all right. so it just doesn't make common sense to me that we would throw an agency out like that or the head of it. you're basically putting your judgment in the place of congress. >> but i didn't throw the agency out. i said the agency could continue operating as it was. the only change would be instead of being for cause removal, it would be at will removal. there was a judge, not me, on our court who said because of that constitutional flaw, the whole...