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Candidates, nominees from president republican president s have learned a lot about how to deal with the hearings. When you heard kavanaugh say as he did, talking about the parties to the case that theyre Flesh And Blood Human Beings and we need to have empathy for them and real world consequences of the court are very important. As a political matter, great stuff. A legal matter, its nonsense. Were youre an Appellate Judge and an issue comes before you, the issue is not the parties. Youre to resolve the legal issues. Its a purely legal matter. The parties may happen to be the case that they p...

Just enacting their own policy preferences into the constitution. an example of that is the old pierce case where oregon passed a law that said everyone -- this is in the 1920s. early gone in the state of oregon -- every student had to attend a public school. a challenges brought by parents that wanted to send their children to a parochial school, religious school. the supreme court ultimately upheld the rights of the parents to send their children to a religious parochial school and struck down that oregon law. that's one of the foundations of the unenumerated rights dock trick folded into th...

Tests and i'm trying to figure that out, what legal authority actually requires the government to satisfy your standard to block a merger. i think what i remember in our discussion, you cited these horizontal merger guidelines that you used to come up with this test. >> you're looking at the effect on competition and what the supreme court has told us at least from the late 1970s is to look at the effect on consumers and what is the effect on the prices for consumers. the theory of the district court and judge friedman in this case is that the merger would not cause an increase in prices becau...

Negotiated prices with hospitals and doctors. so the theory of at least as i understand it, which i have agreed with is by having a stronger purchasing agent, they would be able to negotiate lower prices from hospitals and doctors for the employers. i pointed out at the end of my dissent, there might be a problem in the upstream hospital doctor market, but i did not think there was a problem in the market that was at issue in the case. i said i would have sent it back to the district court for analysis of whether the merger -- >> you did suggest the court should disregard two cases that have b...

Precedent. as a lower court judge, i was bound to apply it. it was in the brown and williamson decision. in the god father of the major rules or major questions doctrine is justice brier that wrote about it in the 1980s as a way to apply chevron. the supreme court adopted that in the brown and williamson case, applied it in the uarg case, the one you referenced justice scalia's opinion. what that opinion says is it's okay for congress to delegate various matters to the executive agencies to do rules, but on major questions of major economic or social significance, we expect congress to speak c...