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Focused on making sure that i found the right precedents and applied them faithfully. as i mentioned with respect to my methodology, part of the process is receiving information from the parties in a case, and the parties write briefs and in most cases they identify the precedents that they at least believe are applicable and then the court does its own legal research as well to determine whether all of the relevant cases have been identified. and then you look to see whether there is anything that directly controls, and if it does that's your answer. in many cases, the precedent might be a li...

Will be vilified as unwilling to ascend to this new orthodoxy? >> so senator, i understand that concern and because there are cases that are addressing these sorts of issues, i am not in a position to comment about either my personal views or whether -- >> i'm not -- and i'm not asking you to. justice alito in the obergefell case wrote, i assume those who cling to the old beliefs will be able to whisper their thoughts in the recesses of their homes, but if they repeat those views in public, they will risk being labeled as bigots and treated as such by government, employers and schools. so the ...

Amendment substantive due process. >> who gives them the right to do that? if it's not mentioned in the constitution, where does the right of the court to substitute its views for that of the elected representatives of the people, where does that come from? >> the court has interpreted the 14th amendment to include this component, the unenumerated right does substantive due process and the court has said that the kinds of things to qualify are implicit in the concept of ordered liberty, excuse me, are deeply rooted in our nations history. those are standards that identify a narrow set of activ...

Are -- but they also say that they are in favor of the very kind of legal thought processes that led to the instance of the discrimination in the first place. so what braun is talking about a case called loving v. virginia that allows for interracial marriages to happen in this country and that was decided on substantive due process grounds that people have substantive rights to marry, as marsha blackburn said, the right to marry is not in the constitution. we have inferred that the constitution must include a right to marry under the right to privacy which is a function of the substantive due...

So it is good for her to be able to answer these accusations and these characterizations of her record directly to explain it but i think while she has done a very good job and everybody thought she would be great at this part of the process there are openings there that her critics are going to leverage as she gets around to the folks in the questioning today. >> interesting as we continue to point out her resume impressive as boekt sides of the aisle have frequently acknowledged. a harvard law graduate. clerked for breyer. served on the u.s. district court for the district of columbia and no...