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How else could we have done it? >> i'm not aware of anything wrong with that, senator. i've never suggested otherwise. >> but you -- what you said is the congress could not legislate by leaving some of the rules up to the scientists or other professionals and departments, as i understood it in chevron. >> i appreciate the opportunity to correct this misunderstanding, senator. the case i think you're referring to is gutierrez. >> that's correct. >> it involved an undocumented immigrant to this country. and the question was, there are two conflicting statutes. one said he could apply for immedia...

That would indicate that you would give a worker a fair shot. maybe it's in your background somewhere i don't know about but i'd like to have you respond to it anyway you can. >> senator, i really appreciate that and i think there is a way you can look at the question without me potentially pre judging the case. and i appreciate your respect for that and just to finish that thought i'm concerned that i have to look the litigant in the eye in the next case and if i prejudged that case they can look at me and say you're not a fair judge and i have no answer for that. got no answer for that. so w...

Were brilliant where both justices sought to explain reasoning by look at the original public meaning of the second amendment. which decision did you agree with and why? >> senator, i think we've alluded to my difficulty here. i do think everything you've just said is accurate. both justice scalia and justice stevens wrote excellent opinions in that case. i'm not here though to great my boss's work. that would be impertinent of me i suspect and they would think so. i would worry saying i agree with one or the other will indicate to litigants in future cases it's the law. if i start saying i li...

Absolutely nothing to do with the good job of a judge. >> let me ask you about citizens united. in this case the supreme court held the government cannot expend political expenditure by a nonprofit corporation. do you agree with that decision? >> i'd give the same response. people have their views personally about lots of supreme court decisions and about a lot of other things. we're all human beings. i get that. i'm not an algorithm. they haven't yet replaced judges with algorithms though i think ebay's trying and maybe successfully. we're all human beings but the judge's job is to put that s...

Ago. i wasn't about to become party to such a thing. and i'm here report you should be reassured because no one in the process from the time i was contacted anyway expression of interest to the potential interview to the time i was nominated, no one in that process, mr. chairman, asked me for commitments or promises how i'd rule in any kind of case. >> and that's the way it should be. so we've just discussed your independence from the president. there's also independence from the legislative branch. it's odd some of the same folks that will claim you're not independent from the president will ...