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Law and those facts. no one is here to say that they love the law in every case and the results it yields. i m here to say that i promise to apply the law faithfully and i can guarantee no more and promise you no less than that, in every case. if i m remembering that case correctly, judge lucero was on that panel with you. is that right? i don t recall. i will check to make sure. i think he was. lucero was not nominated by a republican president. judge lucero is one of my dear friends and colleagues. he was appointed by president clinton. that s true. excellent judge. so if you were wrong in this case, then so was he. ....
Hearing. now let s go back to that hearing and listen in a little bit. it s a 2007 case called kopark versus administrative review board. and that case a trucker had been fired for refusing to drive a truck that he considered unsafe. you wrote an opinion ruling in favor of the trucker and awarded him attorneys fees. is that right? senator your recollection is better than mine on the attorneys fees issue. courts don t always award attorneys fees but as i recall the court did in that case. so i don t really understand the argument that some are making or the implications some are trying to raise you were somehow unfair in the transam case because, after all, in the transam case, you applied the law. ....
When the law so requires. so i want to ask, can you give me an example of a supreme court case that you believe was wrongly decided under the law, but that you will continue to follow if you are confirmed because the precedent is so strong? senator, i think that s just another way, honestly, of trying to get at which supreme court precedents i agree with and i disagree with. i don t think it is. it s about it s something that you actually said when the president nominated you. you said it in public. you said this is the definition of a judge, that they are someone who, you know, respects precedents so much that they re still going to enforce the law. i thought there could be one example, even if it s a really old one. i think senator lee and i were just talking about a couple cases where the results were not attractive to me as a person but i followed the law to the best of my abilities, and did so with my colleagues. one of the reasons i m asking ....
It didn t apply into the way the terminated employee wanted it to imply but you applied it very fairly in the other case. also wanted to bring your attention to another case that s been mentioned by some of my colleagues. that s the huang case. the case where a professor with cancer wanted to extend her leave university said no and the professor sued. the panel ultimately concluded that the law required her to show that she could continue to perform if the university provided an accommodation. all the parties in that case agreed that she could not, that she couldn t continue to perform it. that, as i recall, was a unanimous opinion. is that correct? that was another very hard case to go home after. the individual there had was ....
You did right in that case also. something that i thought showed a fair amount of reflection on the plight of the plaintiff in that case writing by all accounts, the plaintiff was a good teacher, sufficient firing a wretched year, close quote. you were aware of her plight. this is hardly the kind of statement made by a judge who is unsympathetic. this is in context with the kind of statement made by a judge who understands the deeply human context of every case and also understands the deeply sacred nature of the oath you took to uphold and protect and defend the constitution of the united states and operate within the constraints of the constitution. for that, i thank you and i respect you. thank you, senator. thank you, senator lee. i want to make an announcement ....