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There are different kinds of precedent. by that i mean there's vertical precedent, which is what people are most familiar with. there are cases that are handed down by higher courts, the appellate court, the supreme court. those bind the lower court. even if you disagree with them, you have to follow them, because they're binding precedent. but there's also horizontal precedent. it's about maintaining consistency and predictability in the rule of law. what that means is, when you are in a district, there are many judges and if someone else in your district has handled a case that comes out or ...

4-4 decision in a case due to the justice's death. the minute justice gorsuch was confirmed, the court had a conservative 5-4 majority to overturn the case. i follow these cases closely, they waited for justice gorsuch, and, boom, 5-4 against unions. in another example, the court's acknowledged four most conservative justices dissented, voting to overturn a precedent banning burdensome and unnecessary restrictions placed on abortion providers. this was only four years old. now the court is poised to overturn roe v. wade.

That is subject to reconsideration. but in order to actually make the determination about overturning it, in addition to it being wrong, the court considers whether or not there's been reliance on that precedent. if so, how much? the court considers whether or not the precedent is workable. sometimes the court will issue a ruling in a case, and it turns out that it's not actually functioning in the way that the court intended. that might be a reason to revisit it. the court considers whether or not other precedents in the area have shifted such that the foundation for the particular precedent ...

It's not a personal attack. it's a legitimate question regarding the most heinous crimes imaginable. these are legitimate questions mr. chairman. don't call them attacks. >> i can tell you, i characterize them as attacks and other things, as well. i think it's pretty clear what is going on here and now you have all the information we have. >> so mr. chairman, for example, in the questioning about the hawkins case, judge jackson said she relied on the factors, relied on probations recommendation, we just found out in what you just handed us in the hawkins case, the probation office recommended ...

>> and you asked to be on the program tonight, and we're going to put you on. >> i appreciate that. thank you. >> okay. good. senator cotton? >> mr. chairman, before we start this questioning, right before the break, i asked the chairman about senator hirono had referenced five probation reports that were not in the record. i asked whether democrats had access to information that republicans did not. you did not answer, but when we returned and walked in, each of the republicans was handed this piece of paper which was the first time any of us had ever seen a chart of probation recommendations...