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Do you agree with justice breyer that -- or with professor tribe? >> senator, i believe that judges are not policy makers. that we have a constitutional duty to decide only cases and controversies presented before us and within that framework. judges exercise their authority to interpret the law and not make the law. >> so, you would agree with me that judges should not be politicians? >> yes. >> let me talk to you a little bit about some of the decisions that have been made by the supreme court over many years, starting perhaps with dread scott. that adopts the substntative due

>> well, thank goodness the supreme court has been willing revisit pres precedent we'd still be living with plessy verses ferguson and scott. they frequently ask nominees for the supreme court do you think brown verses board of education is settled law? and believe it or not some nominees won't answer the question. i mean, it boggles the mind. i tend to think that nominees from both parties tend to be over coached and not -- and told you can't be -- if you don't answer the question, you have a better chance of being confirmed. but some of these things are obviously settled and i wish we had a ...

0 of marriage, correct? >> i am aware there are various religious faiths that define marriage in a traditional way. >> do you see that when the supreme court makes a dramatic pronouncement about the invalidity about state marriage laws, it will inevitably set in conflict between those who ascribe to the supreme court's edict and those who have a firmly held religious belief that marriage is between a man and a woman? >> well, senator, these issues are being litigated, as you know, throughout the courts i as people raise issues and so, i'm limited in what i can say about them. i'm aware there a...

0 first of two long and intense days of questioning from members of the senate judiciary committee began this morning with democrats using their questions to allow jackson to issue a rebuttal to republican accusations that she has been soft on crime and republicans pressing her on her record as a judge and public defender and bringing up a whole host of conservative hobby horses. things like critical race theory. jackson has tried to stay above the fray in her responses. early on in the hearing, she told democratic senator, dick durbin, quote, i tried to stay in my lane. along with me are clai...

Hans Haacke, Martha Rosler, Michael Rakowitz, and Dread Scott are among the signatories of the open letter opposing the statue's move.