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A time of war where lots of americans were killed. and the supreme court is under pressure to defer to the president's war effort. in a 6-3 decision. what's interesting to me, justice clark -- don't usually talk about justice clark in that decision. why is he important? he was appointed by president truman to the supreme court. what a moment of judicial independence there to rule in that case. you think about justice jackson who had been working for president roosevelt and then he dissents in the matsu case. letting racism like this is letting a loaded weapon lie around. dissents against presi...

Things i had learned working the independent counsel office and then working in the white house. i thought there were a number of things congress could take a look at that i had experienced. one of them was i proposed timelines for consideration of judicial nominees. i proposed 180 day up or down vote for every judicial nominee. something from my experience i thought would avoid controversy and have rules of the road set in advance and i proposed that specifically for congress to consider. other aspects i said -- another thing i proposed was for congress to consider whether it should look at c...

Losing party -- the losing party in every case to come out and say kavanaugh gave me a fair shake. he was well prepared. he wrote a clear opinion. he explained everything. i disagree but at least i get it. i want the losing party and i want both parties to walk out at oral argument and say he had an open mind and i've tried to do that consistently. everything you do as a judge matters in terms of being a good judge, oral argument, writing opinions, how you decide. so those are the qualities. i guess the last thing i always remember about it is the thing i said my mom taught me from the first i...

Specifically is machine guns could be prohibited. so it is very important to recognize under the heller decision machine guns can be prohibited. and -- >> they were in the firearms act a long time ago and have been prohibited. >> yes, senator, justice scalia's opinion did not disturb that but reaffirmed that machine guns could be prohibited. the court in heller, the supreme court upheld -- struck down a d.c. ban on handguns, most of which are semi automatic. >> let me interrupt you. i think we're on totally different wavelengths. i'm talking about your statement on common use. common use being...

Was unconstitutional and i think because you said these weapons were in common use. what did you base your conclusion that assault weapons are in common use and what evidence or study did you use to do that? >> thank you, senator feinstein, for the question. i understand, of course, your role on that issue and your long leadership on that issue. and appreciate that. i faced a decision where as in every other decision just about on the d.c. circuit i had to follow precedent. precedent of the supreme court. i don't get to pick and choose which supreme court precedents i get to follow. i follow t...