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To review whatever you have before you, is that i was acting in the capacity as a speechwriter and taking material produced by the components that were responsible for litigating these issues, include playing clement, paul clement, a dear friend of mine. and the office of legal counsel and others. and assembling it to put words in together that sounded like english. and i think people like my writing, and that was my job. i think i was the scribe. >> okay. let's move on. i'd like to go to the heller case. when we met in my office, we discussed the heller decision which you said you were open t...

Modern technology. how do you apply the original constitution written 200 years ago to that? the court went back and looked at the law 200 years ago. one of the thing it found is attaching something to someone else's property would be considered a search and the court held if that is a trespass to chatle it had to be today though the technology is obviously different. so the technology changes but the principles don't. and it can't be the case the united states constitution is any less protective of the people's liberties today than the day it was drafting. >> you authored an opinion from

Weight and respect to due precedent. >> those two cases were 5-4 decisions so let me ask you about something that was unanimous. hosanna tabor. the supreme court ruled 9-0 that the obama administration couldn't tell a church who its ministers can be. the only thing controversial about that case was that the obama administration actually tried to convince the supreme court that a bunch of government bureaucrats could tell a church who its ministers could be. like i said, that case was 9-0. can you tell me if that case was decided correctly? >> respectfully, senator, i give you the same answer. ...

That's a very good explanation. we held a confirmation hearing for justice sotomayor in 2009 and the minority leader was a member of committee and said she puts the rule of law above everything else and judge sotomayor has adhered to the text of statutes even when rulings goes against sympathetic litigants, end quote. do you agree with senator schumer your duty is to follow the law even when it comes to running against sympathetic litigants? >> yes, senator. i can't tell you when i go home and take off the robe i'm not a human being, that i don't think about some of those cases but my job is t...

After that, three or four years i can't remember exactly. the board of immigration appeals in its infinite wisdom said our interpretation is wrong. chevron, you have to undue the judicial precedent this man had relied upon and that he now had to wait outside the country not just ten years but 13 or 14 because it took them so long to make up their mind. that reminded me of when charlie brown's going in to kick the ball and lucy pick it up at the last second and it struck me as raising serious due process concerns, fair notice and operation of powers when they can turn over a judicial precedent ...