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The nation's history and tradition. in a case prior to that, the court had defined it as the rights that are implicit in the ordered concept of liberty or the concept of order's liberty. there's standards for the courts to use to identify these types of rights. >> did the supreme court use this test in roe or casey? >> in roe and casey, i don't know that the courteoused that formulation. after casey, the court has determined not so much that the right to terminate a woman's pregnancy is fundamental. the right exists and it's subject to the frame work in

Than my peers or a different way than other cases, and i assure you that i do not. that if you were to look at the greater body of not only my more than 100 sentences but also the sentences of other judges in my district and nationwide, you would see a very similar exercise of attempting to do what it is that judges do. attempting to take into account all of the relevant factors and do justice individually in each case. >> well, let's keep talking about this case. you also said to this individual, who is an adult, tried as an adult, 18 years old, you also said to him, besides saying that you t...

Representative and advocate, counsel. because in that case, he had been denied it when he originally went to trial and only after years in both state and federal courts was the truth vindicated. so i want you to talk a little bit about why it is important for to be represented by zealous, really aggressive and energetic advocates who tell the truth to the court, put on the evidence, and present the best possible case for a defendant accused of a crime. >> thank you, senator. the idea is one that is rooted in our constitution. the framers were concerned about government overreach in a lot of di...

Inls, that the number of images can be appropriate and that even this case, the defendant has amassed an extremely large collection of child pornography. but you disregarded that. you also told the defendant, you said this. this seems to be a case where you were fascinated by sexual images involving what were essentially your peers, and then you went to say, the defendant was merely trying to satisfy his curiosity. curiosity is your word. one more thing on this. same idea. you said, you were viewing -- this is you to the defendant. you were viewing sex acts between children who were not much y...

Philosophies. >> with respect, senator, i have not actually had time with all of my meetings with senators and the work that i've don to appear before you today. i would say that there are differences as you see from the various opinions that they have issued. i'm not sure which one i would necessarily follow because it depends on the case. i think their differences indicate that they are looking at different provisions. they are using the various tools that judges use and that i have used in my cases. the idea of striking down a statute is unconstitutional is daunting and should be for any ju...