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To be overturned. that's why you heard some of the senators referencing cases like dread scott which was overturned because it held black people can be owned by white people. clearly bad law. that's the sort of argument that republicans will offer if roe versus wade is in fact overturned so the issue becomes an issue of whether additional case, for instance cases that entitle american women to obtain contraception. >> joyce, i hate to cut you off, but we are going back to the confirmation hearings for judge ketanji brown jackson. we know senator ben sass is up next. we'll return to those heari...

Frame for interpreting the constitution is now very clearly looking back through history. so we see that even in the heller case where the justices, even the justices in dissent, were all analyzing the issues in the second amendment through a historical lens. what was meant at the time of the founding that is now in which constitutional founding the done. >> do you identify with that position? >> that's how the text is interpreted of the constitution. i am a strong believer in precedents and stairry decisis, predictability and the rule of law and the way the law interprets the contusion is thr...

Of assessing, in each case, a number of factors that are set forward by congress. all against the backdrop of heinous criminal behavior. but the guidelines are longer mandatory. congress has not corrected, as you would say, the supreme court's determination about that. justice scalia's decision that the guidelines are not mandatory, congress has not said that, and congress has given judges factors to consider. this, in my view, was an unusual case that had a number of factors that the defendant was pointing out, that the government was pointing out, that the probation office was pointing out, ...

Pornography, 8-year-olds, 10-year-olds, gobs of hours of time here that he has, and you say to him, what, that -- you say that, well, you know, it was just a collection. i mean, he was just viewing it. and it was, you know, essentially they were his peers. you say to him that he's not a pedophile. i don't know how you know that. i don't know why that's relevant to the guidelines but maybe it is. you say he's not a pedophile. you say that you are very sorry for him and what he suffered and then you give him three months when, frankly, a liberal prosecutor is asking for two full years. i mean, i...

Blackburn, so we should finish in the 9:00 to 10:00 hour this evening, god willing. so at this point, i recognize senator hawley. >> thank you, mr. chairman. judge, nice to see you again. thank you again for being here. congratulations again on your nomination. i want to start where senator blumenthal left off. i want to talk with you about some of these cases i mentioned them yesterday, so i know you know which ones i want to talk about. these seven cases, child pornography cases in which you would discretion, they came before you, you had discretion to sentence one way or another in these se...