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Issues like abortion. they say susan collins of maine has already voiced similar concerns to the white house about barrett. brett kavanaugh, currently serves on the powerful u.s. court of appeals in dc. the 53-year-old in the late 90s helped to write the report that outlined grounds for clinton's impeachment. but he is expected to face tough criticism from the left and by some on the right for his close ties to the george w. bush white house. where he served as assistant to the president and staff secretary. there is one other candidate still in the mix. judge thomas hardiman of the third circ...

He said this under the administrative procedure's act the government did not adequately explain why they think that obama lacked. >> here is the explanation. obama was acting as a legislator. >> that is what sessions said, obama was acting as a super legislator because his democrats could not do amnesty. obama decided i will do this and created de facto amnesty. >> all judge baits said was you got 90 days to come up with a better reason >> judge baits austalked about people reloyaling on daca and the >> that's part of the law. you can't -- it is made up. >> no it isn't. >> made it up. >> the d...

To decide. plus you're guaranteed an appeal from the dc circuit and then the losing side in the dc circuit may very well ask the supreme court to hear it. and then you're into at least a year from today of a resolution, which -- and, you know, you never know. once you have a company in play like time warner is, once you have, you know, a deal that is not settled, other companies could come in and bid and, you know, the -- >> after a year? >> no. i meanwhile it's before the courts, you could have another company come in and say we're making a higher offer and let's forget all this and do a diff...

Surveillance programs? >> it's hard to overstate how important the second circuit is in the federal judiciary for other courts. it's probably the most important court right after the supreme court. along with the dc circuit. and also the judges all three judges are appointed by democratic presidents. president obama and president clinton. what's amazing is just how aggressive the ruling is in rejecting the justice department's arguments one after the next. it says that the plaintiffs have standing to sue because the u.s. government is collecting everybody's communication data and therefore the...

Paul: alyysia, let's talk about politics, we have seen democrats react with horror, they are still sore over merrick garland approved in president obama's last year in office. congress confirm maryland judges in midterm years. >> i think that's right. kagen, justice scalia, several nominees from both parties had confirmed during midterm year. paul: filibuster is no -- >> you can blame harry reid for that in 2013 because he we wanted to pack the dc circuit so that they could reinforce the obama regulations. paul: that was for appellate courts. >> that's right. paul: with gorsuch nomination, the...