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Text as a means of understanding and reflecting what congress intended. of course, in statutory interpretation, if congress decides that congress has gotten it wrong, as this happened many times, congress comes back and clarifying and tells the court no, this is what the statute means. >> i want to go back to an exchange that you had with senator cornyn. substantive due process a doctrine that allows courts to create new fundamental rights. what is the test for determining a new fundamental right? >> the court has said in the gluxberg case that the fundamental rights that are recognized or tha...

Pornography, she has given them sentences below the minimum. on average going about five years below. >> you heard you make that case and heard in your opening statement. "the new york times" has taken you on this morning in a piece echoing conservative grievances miscasting her views saying you took quotes out of context as she levied a an attack against judge ketanji brown jackson. we'll hear your questions to her in a short time from now and we'll certainly see and all of us will be able to see how she answers them. in your piece, though, you give her a lot of credit for what you say are he...

How faithful would you say you are? in terms of religion. >> do you agree with this book that is being taught with kids that babies are racist? >> your reaction? >> this was absolutely horrific. what it showed was a distan for the rule of law and a disregard for the united states constitution, to have a test on how religious she happens to be. these questions about crt should ring alarm bells about the sanctity of the first amendment being trashed by these members of the senate judiciary committee. questions about what is a woman should alarm every person in the united states who cares about s...

Detainees by our government, that we were acting as war criminals? >> senator, i don't remember that accusation but i will say that -- >> do you believe that's true, that america was acting as war criminals in holding these detainees? >> senator, the supreme court held that the executive branch has the authority to detain people who are designated as enemy combatants for the duration of the hostilities. and what i was doing in the context of the habeas petitions at this very early stage in the process, was making allegations to preserve issues on behalf of my clients. a habeas petition is like...

Says, that should be an aspirational goal of the judges, because we are all concerned about the legitimacy of our institutions, and particularly at the institution of our judiciary. how would you as a judge when you are approaching your decisions -- how do you try to avoid being seen as a policymaker by embracing doctrines like substantive due process, which essentially gives judges part bond to do whatever they want. >> well, senator, i've not had that particular situation, but i do have a methodology that is designed to avoid my impartation of policy perspectives. judges are constrained in o...