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Law as it was understood when written, not made new law or simply fill in vaccuum. those who share that view think that under our constitution, congress and not the federal courts are given the authority to make law and to set policy. now, there are others who believe that the courts should make policy. they believe in a so-called living constitution. they think the constitution's text and structure don't limit what a judge can do. to them, deciding what the constitution means is really a, quote unquote, value judgment. under that approach, judges can exercise their own independent value judgm...

Supposed to interpret the law as understood when written, not make new law or simply fill in vacuums. those of us who share that view think that under our constitution congress and not the federal courts are given the authority to make law and to set policy. now there are others who believe that the courts should make policy. they believe in a so-called living constitution. they think that the constitution's text and structure don't limit with a judge can do. to them deciding what the constitution means is really a, quote unquote, value judgment. under that approach, judges can exercise their ...

The law is very malleable. there are different -- of interpretation. there are different ways of understanding ambiguities, and vagueness in the constitution, and federal statutes. and so -- value judgments come in. i don't think any of the justices on the supreme court, are partisan hats. would i do think they are, are ideological people who were chosen because of their ideologies, who were likely to move in ways the political parties like. i don't think this helps him at all. this is much more personal than about a political choice. this is about whether his wife could be in trouble, and cou...

Statements? >> well, i don't make value judgments about the people but i can say it is absolutely wrong. we know the vaccines are highly effective and they are very safe. and do i believe that the solution, i'm a justice brandice fan. to overwhelm with it the positive information and we need to do it in a bipartisan way. and people like me. i would argue the former surgeon general, together with the turn surgeon general all need to get together to provide that. the information is overwhelming that vaccines are safe and effective. it is a political issue but as you pointed out, really, it is st...

Are saying you don't need it, it may be in violation of nature, it may make you die. what do you say about those kinds of statements and the people saying them? >> well, i don't make value judgments about the people but i can say the statements are absolutely wrong. we know the vaccines are highly effective and they are very safe. and i do believe, chris, the solution -- i'm a justice brandeis fan. is more speech and not to necessarily quiet the misinformation but to overwhelm it with the positive information. and we need to do that in a bipartisan way. and people like me, i would argue the su...