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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...

Judicial activist? >> i would describe a judicial activist as someone who lets his or her personal policy preferences overnight the best b interpretation of the law. so a judge who strikes down a law as unconstitutional when the text and precedent don't support that result or a judge who upholds the law as constitutional when the text and precedent suggest that the law is unconstitutional. so, too, in statutory cases. when a judge does not stick with the compromises that you have reached and written into the text of the statute passed by congress and signed by the president but thinks the judg...

How would you describe a judicial activist? >> i would describe a judicial activist as someone who lets his or her personal or policy preferences override the best interpretation of the law. that can go in either direction. so a judge who strikes down a law as unconstitutional in the text and precedent don't support that result or a judge in the other direction who upholds the law is constitutional when the text and precedent would suggests that the laws in fact unconstitutional. so too in statutory cases, it's the same principle. when a judge does not stick with the compromises that you've re...

How would you describe a judicial activist? >> i would describe a judicial activist as someone who lets his or her personal or policy preferences override the interpretation of the law, and that can go in either direction. so, a judge who strikes down a law as unconstitutional when the text and precedent don't support that result, or a judge in the other direction who up holds the law as constitutional when the text and precedent would suggest that the law is, in fact, unconstitutional. so, too, in statutory cases. it's the same principle. when a judge does not stick with the compromises that ...