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Court. after that, three or four years, i can't remember exactly, the board of immigration appeals in its infinite wisdom says our interpretation is wrong. chevron, you have to undo your precedent. the judicial precedent that this man had relied upon and that he now had to wait outside the country not just 10 years but 13 or 14 because it took them so long to make up their mind. senator, that reminded me of when charlie brown is going in to kick the ball and lucy picks it up at the last second. and that struck me as raising serious due process concerns, fair notice and separation of powers con...

That's a very good explanation. we held a confirmation hearing for justice sonia sotomayor in 2009. senator charles schumer, now the minority leader, was a member of this committee and praised the nominee in this way. quote, judge sotomayor puts the rule of law above everything else. judge sotomayor has viewed carefully to the text of statutes, even when doing so results in rulings that go against so-called sympathetic litigants, unquote. do you agree with senator schumer that your duty is to follow the law, even when it requires ruling against sympathetic litigants? >> yes, senator. i can't t...

To be part of it. and an honor. >> the fourth amendment protects the right to be free from, quote, unreasonable searches and seizures, unquote. it was written in the late 18th century when the tools used by law enforcement to investigate crime and monitor suspects were radically different than they are today. in your view, how should a judge approach interpreting and applying constitutional provisions like the fourth amendment in cases where the technologies or -- and/or methods at issue were, obviously, not even imagined by the founders? >> may i offer an example, senator, i think might be he...

More controversial issue, but along the same lines i've been asking you. i think the case that most people are thinking about right now and the case that every nominee gets asked about, roe v. wade. can you tell me whether roe was decided correctly? >> senator, again, roe vs. wade decided in 1973 is a precedent of the united states supreme court. it's been reaffirmed. the reliance interest considerations are important there and all of the other factors that go into analyzing precedent have to be considered. it is a precedent of the united states supreme court. it was reaffirmed in casey in 199...

Be part of it. it's an honor. >> the fourth amendment protect the right to be free from quote, unreasonable searchs and seizures end quote. it was written in the late 18th century when the tools used by law enforcement to investigate crime and interview suspects were radically different than today. in your view how should a judge approach constitutional provisions like the fourth amendment in case where's the technologies and/or methods at issue were not even imagined by the founders? >> may i offer an example? >> sure. >> i take the united states versus jones. a recent case for the united sta...