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Particular. that's been a thread. listen to what he said about that today. >> i'm not going to say anything here that would give anybody any idea how i'd rule in any case like that that could come before the supreme court or my court of the tenth circuit. it would be grossly improper. >> shepard: there you go. want the controversy over comments he made while teaching a little class? much was made of this by those on the other side. >> yeah, a student that came forward that said there was some conversation about women in the workplace and women taking advantage of maternity benefits or those ki...

Is just one judicial philosophy among many? or a description of what judges do? >> i think it's what we all want to know. i don't know a young who wouldn't want to know what the original understanding is. of of particular term in the constitution. or statute. that's information that will be valuable to any judge and considered by a judge. again n heller, for example, second amendment case, deeply thoughtful opinions by both sides on that question. it doesn't necessarily decide the case. but it revises language to talk to one another. in which we're trying to seek something outside of ourselves...

Burden on somebody's religious freedom, there's a very high bar on that. so he said all i did is follow the law. i'm not favoring a party. i don't prejudge parties or cases when they come before me. he said my reading of the law working through that is that hobby lobby had a case here. he wrote with the little sisters the group of nuns that challenged that mandate. he said i want you to know that that law has been applied in a muslim prisoner a native american prisoner that wanted to observe their religions while incarcerated. he said i don't think you pick and choose which religion this appli...

What does that text mean? what could a reasonable reader understand that text to mean? my favorite case when i teach this stuff and talk to my law clerks about it is the fish case. the statute read something like -- i won't get it exactly right. when you if you destroy e-mail documents or other tangible objects when you know the cops are after you, you go to jail. what does that mean in the context of a fisherman that knows the coast guard is after him and he has an illegal catch and he throws it overboard? that case went to the united states supreme court. it's a great case. it divided in a w...

I hope one turns out to be president. >> that's wonderful. how about like the air force? i agree with you. that's good. so in that case you say we can't take it at its literal words. so the constitution also says congress has authority to oversee the land and naval forces, but there's no mention of the air force. i assume you believe that would include the air force because if they knew an air force existed, they would have included the air force back then. >> senator i think the generals of the air force can rest easy. >> okay. great. how about virginia -- let's keep going here. i'm almost ou...