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After a final break, members of the Senate Judiciary Committee returned to continue their questioning of Supreme Court nominee Judge Brett… read more

After a final break, members of the Senate Judiciary Committee returned to continue their questioning of Supreme Court nominee Judge Brett Kavanaugh. Judge Kavanaugh serves on the D.C. Circuit Court of Appeals. Question topics throughout the day-long hearing included campaign finance, various rulings he’s authored, judicial independence and whether a sitting president is required to respond to a subpoena. close

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00:00:03

THE SENATE JUDICIARY COMMIT SEIN A BREAK NOW. THE INSURING EXPECTED TO RESUME IN JUST A FEW MINUTES. THIS IS THE SECOND DAY OF BRETT KAVANAUGH'S SUPREME COURT CONFIRMATION HEARING. THE SENATOR HAS YET TO QUESTION THE NOMINEE. LIKE THE OTHER MEMBERS OF THE COMMITTEE THROUGHOUT THE DAY, THEY'LL EACH HAVE 30 MINUTES. ...

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00:00:28

IN A 1999 INTERVIEW WITH THE CHRISTIAN SCIENCE MONITOR ABOUT THE RICE CASE, YOU DISCUSSED WITH SENATOR -- "THIS CASE IS ONE MORE STEP ALONG THE WAY IN WHICH I SEE AS AN INEVITABLE CONCLUSION WITHIN THE NEXT TEN TO 20 YEARS WHERE THE COURT SAYS WE ARE ALL ONE RACE IN THE EYES OF GOVERNMENT." IT'S BEEN ABOUT 20 YEARS NOW, ABOUT SIX MONTHS AWAY. DO YOU THINK THAT YOU WERE WRONG AT THAT POINT, THAT RACIAL DISCRIMINATION IN AMERICA WOULD BE OVER BY 2019? ...

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00:02:39
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I THINK, SENATOR, THAT WAS AN ASOPERATIONAL COMMENT -- ASPIRATIONAL COMMENT, AND ONE IN YOUR POINT, THAT THE MARCH FOR RACIAL EQUALITY IS NOT FINISHED AND WE STILL HAVE A LOT TO DO AS A COUNTRY. ...

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00:03:05

BUT I WANT TO KNOW WHAT YOU WERE THINKING IN 1999 THAT WOULD MAKE YOU MAKE SUCH A BOLD COMMENT, THAT IN TEN YEARS THE COURT CAN VIEW US ALL AS ONE RACE? WHAT WAS GOING ON IN THE 1990s THAT LED YOU TO HAVE THAT BELIEF? ...

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00:03:19

HOPE.

00:03:21

OKAY. WE'RE BOTH AWARE OF WHERE THE TRENDS WERE GOING IN THE 1990s.THIS IS A PERIOD WHERE THE DRUG WAR WAS IN FULL BLAIR. THE PRISON POPULATION EXPLODED SINCE 1980. UP 800% IN THE FEDERAL PRISON POPULATION. THE MASSIVE INCREASES IN RACIAL DISPARITIES OF INCARCERATIONS. AND BLACKS STATUTE ROUGHLY 13% OF DRUG USERS, BUT 46% OF THOSE THAT WERE BEING JAILED FOR DRUG OFFENSES, EVEN OUR SCHOOLS IN THE 1990s WERE BECOMING MORE SEGREGATED. YOUR BRIEF IN THE CASE INVOKES JUSTICE SCALIA'S ARGUMENT THAT WE SHOULD BE "ONE RACE." AND LET ME GO ALONG WITH THE SCALIA QUOTE. HE SAID "THE GOVERNMENT CAN NEVER HAVE, NEVER HAVE A COMPELLING INTEREST IN IMPLEMENTING RACE-CONSCIOUS PROGRAMS THAT SEEK TO ADDRESS THIS NATION'S WRETCHED HISTORY OF RACIAL DISCRIMINATION." HE SAID NEVER. HE SAID THAT RACE-CONSCIOUS PROGRAMS "ARE RACIAL ENTITLEMENT." DO YOU THINK THAT SOMEONE WHO WANTS TO REMEDY THE FACT THAT THEY COULD NOT GET A LOAN FROM THE FAIR HOUSING ADMINISTRATION BECAUSE OF THE COLOR OF THEIR SKIN IS RACIAL ENTITLEMENT? OR ARE THEY SEEKING RACIAL JUSTICE? DO YOU THINK A PERSON WHO TRIES TO REMEDY THE FACT THAT THEY WERE DENIED THE CHANCE TO GO TO COLLEGE UNDER THE GI BILL BECAUSE OF THE COLOR OF Boutique Khaki Boutique Crew Boutique J Shorts Shorts J Crew Khaki XqwEXIS SEEKING RACIAL ENTITLEMENT? OR ARE THEY SEEKING RACIAL JUSTICE? TO BE SPECIFIC WITH SCALIA, DO YOU AGREE WITH JUSTICE SCALIA WHERE YOU RENT IN YOUR BRIEF THAT IT'S NEVER PERMISSIBLE FOR THE GOVERNMENT TO USE RACE TO TRY TO REMEDIATE PAST DISCRIMINATION? TO TRY TO ACHIEVE JUSTICE? ...

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00:05:09

SENATOR THAT WAS A BRIEF FOR A CLIENT FIRST OF ALL. SO I WAS NOT SAYING SOMETHING IN MY OWN VOICE PARTICULARLY THERE.

00:05:20

IF YOU CAN CORRECT YOU SAYRE, YOU SAID IT WAS A BRIEF FOR A KLEIN. BUT YOU SEEMED TO INVOKE SKWALIA'S ONE RACE THEORY QUITE OFTEN. TO A REPORTER. YOU MENTIONED IT IN THE WALL STREET JOURNAL OPED. YOU WROTE AROUND THE SAME TIME AND CITED HIS OPINION IN THIS BRIEF. ARE YOU SAYING YOU DO NOT SHARE JUSTICE SCALIA'S BELIEF ABOUT THIS IDEA THAT PEOPLE WHO ARE SEEKING TO ADDRESS PAST DISCRIMINATION, PAST HARM, THAT THEY ARE SEEKING RACIAL ENTITLEMENT? ...

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00:05:50

I THINK FIRST OF ALL THE SUPREME COURT PRECEDENT ALLOWS RACE-CONSCIOUS PROGRAMS IN CERTAIN CIRCUMSTANCE. SO THE PRECEDENT TO THE SUPREME COURT AS YOU KNOW IS DIFFERENT. I WAS WRITING A BRIEF TRYING TO CITE ALL THE PRINCIPLES FROM THE DIFFERENT CASES THAT WOULD SUPPORT THE BRIEF. BUT TO YOUR POINT, WHEN YOU'RE TRYING TO REMEDY PAST DISCRIMINATION AS A GENERAL PROPOSITION, YOU'RE SEEKING RACIAL EQUALITY AND SEEKING TO REMEDY PAST DISCRIMINATION AND THE LINGERING EFFECTS. ...

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00:06:24

SO YOU DISAGREE WITH SCALIA? HE SAYS IT'S NEVER PERMISSIBLE FOR THE GOVERNMENT TO USE RACE TO TRY TO REMEDIATE PAST DISCRIMINATION TO ACHIEVE JUSTICE?

00:06:33

THE SUPREME COURT LAW, I KNOW WHAT THE PRECEDENT IS, I KNOW WHAT THE LAW IS, I I'M ASKING WHAT ASKING WHAT YOU BELIEVE. THAT IT IS NEVER PERMISSIBLE GOVERNMENT TO USE RACE TO REMEDIATE PAST DISCRIMINATION TO ACHIEVE JUSTICE? ...

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00:06:51

THAT POSITION HAS NEVER BEEN ADOPTED.

00:06:53

I'M ASKING IF YOU BELIEVE, SIR, NOT THE SUPREME COURT.

00:06:55

THE TERM I USED WAS THAT WHAT YOU'RE SEEKING IS EQUALITY.

00:07:03

RIGHT.

00:07:03

SO IF YOU'RE SEEKING EQUALITY, IS IT NEVER PERMISSIBLE FOR GOVERNMENT TO USE RACE? TO REMEDIATE PAST DISCRIMINATION?

00:07:13

THERE ARE A COUPLE THINGS THAT THE SUPREME COURT HAS POINTED OUT IN ITS CASE.

00:07:17

AND AGAIN, MAYBE I CAN APPROACH THIS IN A DIFFERENT WAY, THE AFTERMATH OF KATRINA, IN A CASE BROUGHT BY PLAINTIFFS IN NEW ORLEANS WHO CHALLENGE THE WAY GOVERNMENT PROVIDED GRANTS TO HOMEOWNERS AS HAVING A DISCRIMINATOR IMPACT AFRICAN AMERICAN, YOU JOINED THE MINORITY IN DENYING THE RELIEF. IF THE FINAL HAD SHOWN THAT THE GRANT PROGRAM SYSTEMATICALLY DISFAVORED AFRICAN AMERICAN, WOULD A GOVERNMENT EFFORT TO REMEDY THAT DISPARITY BE UNCONSTITUTIONAL? DO YOU BELIEVE THAT ALL SUCH EFFORTS THAT USE -- THE GOVERNMENT USING THOSE EFFORTS AMOUNT TO RACIAL ENTITLEMENT? I'M TRYING TO FIGURE OUT IF YOU AGREE WITH THAT POINT THAT SCALIA IS MAKING. ...

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00:07:59

FIRST OF ALL I APPROACH QUESTIONS LIKE YOU'RE ASKING WITH A RECOGNITION OF TWO THINGS. ONE THE HISTORY OF OUR COUNTRY, AND TWO THE REAL WORLD TODAY. AND I TRY AS BEST I CAN TO UNDERSTAND BOTH THE HISTORY OF OUR COUNTRY ON THAT ISSUE AND THE REAL WORLD TODAY. SO I'M COMING AT IT FROM THAT PERSPECTIVE. YOU'RE ASKING A QUESTION I THINK ABOUT SPECIFIC REMEDIES FOR DISCRIMINATION, AND THERE'S A LOT. I'M A JUDGE AS YOU KNOW SO I HAVE TO FOLLOW PRECEDENT. AND THE PRECEDENT ALLOWS -- ...

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00:08:37

AGAIN, I KNOW WHAT PRECEDENTS ARE, ESPECIALLY WITH A LOT OF VERY IMPORTANT -- I'M ASKING ABOUT YOUR OPINIONS BECAUSE YOUR OPINIONS MATTER. IN APRIL 2003, YOU WROTE REGARDING A PROGRAM DESIGNED TO BENEFIT NATIVE AMERICANS SMALL BUSINESSES BY SAYING THE DESIRE TO IMPLEMENT SOCIETAL DISCRIMINATION IS NOT A COMPELLING INTEREST. ...

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00:08:59

THAT'S WHAT THE SUPREME COURT HAS SAID.

00:09:01

AND THE SUPREME COURT SAYS THAT THE DESIRE TO REMEDY SOCIETAL DISCRIMINATION IS NOT A COMPELLING INTEREST?

00:09:06

THE SUPREME COURT HAS -- LET'S GO TO BACHMAN FOR EXAMPLE.

00:09:13

I'M GONNA GET TO BACHMAN. THIS IS WHAT YOU SAID, THAT RACE CAN NEVER BE USED TO REMEDIATE CLEARLY PROVEN DISCRIMINATION. CLEARLY PROVEN DISCRIMINATION. IT'S USING AN ABSOLUTE. DO YOU STILL BE THAT IT CAN NEVER BE USED? ...

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00:09:28

THE SUPREME COURT HAS SAID IT CAN BE.

00:09:31

I KNOW THE SUPREME COURT. WHAT DO YOU BELIEVE, SIR? YOU'VE DECIDED NUMEROUS TIMES.

00:09:37

I HAVE TROUBLE DEPARTING FROM THE SUPREME COURT PRECEDENT AND SAYING --

00:09:42

BUT YOU WERE REPLYING ABOUT IT IN E-MAILS, IN WALL STREET JOURNAL ARTICLES. YOU JUST CAN'T SAY RIGHT NOW WHAT YOU BELIEVE.

00:09:51

A COUPLE THINGS, SENATOR. JUST TO BACK UP. THAT WAS WRITTEN FOR A CLIENT IN THE E-MAIL YOU'RE READING AS WELL.

00:10:01

IT WAS THE CHRISTIAN SCIENCE MONITOR. NOW GETTING TO SOME OF THE THINGS YOU WERE TALKING ABOUT. THE EXPLORE HAS SAID FOR DECADES THAT INSTITUTIONS OF HIGHER EDUCATION HAVE A COMPELLING INTEREST IN STUDENT BODY DIVERSITY AND THAT RACE CAN BE USED AS A FACTOR. NOT THE ONLY FACTOR BUT A FACTOR IF IT IS DONE SO IN A WAY THAT IS NARROWLY TAILORED TO SERVE THAT INTEREST. ...

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00:11:09

I AM FOLLOWING THE PRECEDENT OF THE -- SET BY THE EIGHT JUSTICES CURRENTLY SITTING ON THE SUPREME COURT. AND TO PUT IT IN THE TERMS OF JUSTICE KEGAN, IT WOULD BE IBAPPROPRIATE TO GIVE A THUMBS -- INAPPROPRIATE TO GIVE A THUMBS UP OR THUMBS DOWN. ...

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00:11:28

THE DISTINCTION BETWEEN YOU --

00:11:31

GORSUCH.

00:11:34

AND I'M GONNA BE USING THAT DISTINCTION WITH MANY OF MY COLLEAGUES. NONE OF THOSE NOMINEES VOICED PERSONAL OPINIONS THAT GOVERNMENT SHOULD REFUSE TO DEFEND THESE KIND OF PROGRAMS. THE CASE THAT INVOLVED BENEFITS TO MINORITY BUSINESSES, YOU WROTE THAT THE GOVERNMENT SHOULD FILE A BRIEF THAT THESE PROGRAMS ARE UNCONSTITUTIONAL. YOU WROTE "THIS IS MY PERSONAL OPINION." YOU SAID THAT THEN. MY QUESTION IS DO YOU STILL THINK A DIVERSE STUDENT BODY IS A COMPELLING INTEREST? ...

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00:12:22

THE ADDERAN CASE IS IN THE CONTEXT OF CONTRACTING. THE BACHMAN CASE --

00:12:28

YOU THINK THOSE CASES, USING RACE TO REMEDY IS UNCONSTITUTIONAL.

00:12:33

IN LIGHT OF THE PRECEDENT OF THE SUPREME COURT REPRESENTING A CLIENT, IN THAT CASE, AND I GO THROUGH I THINK THE E-MAIL YOU'RE REFERRING TO I GO THROUGH WE SHOULDN'T -- THEY SHOULD MAKE A RECOMMENDATION FIRST THAT THIS SHOULD NOT BE A WHITE HOUSE DICTATED ANSWER. AND THE SOLICITOR GENERAL IS ORDINARILY I THINK YOU'RE REFERRING TO THE E-MAIL I'M THINKING OF. IN ANY EVENT, I THINK AS YOU KNOW, AND I JUST WANT TO REITERATE, THERE'S PRECEDENT IN THE HIGHER EDUCATION CONTEXT IN THE CONTRACTING CONTEXT THAT ARE SOMEWHAT DISTINCT. AND THOSE PRECEDENTS HAVE BEEN APPLIED BY JUDGES. AND MY RECORD ON RACE DISCRIMINATION CASES, I'M HAPPY TO TALK ABOUT MY CASES. ...

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00:13:23

BUT YOU'RE NOT HAPPY TO TALK TO ME ABOUT THE OPINIONS YOU EXPRESSED IN THE PAST.

00:13:27

THAT'S WHAT I WROTE THEN AS A LAWYER FOR A CLIENT.

00:13:33

BUT YOU SAID THAT IS IN FACT MY PERSONAL OPINION. YOU EXPRESSED A PERSONAL OPINION ON THIS ISSUE NOW. DO YOU STILL HOLD THAT SAME OPINION NOW?

00:13:41

YOU'RE TAKING I BELIEVE RESPECTFULLY PERSONAL OPINION OUT OF CONTEXT. PERSONAL OPINION ABOUT WHAT THE GOVERNMENT POSITION, THE PERSONAL RECOMMENDATION. BECAUSE I SAID THE DISTINCTION THERE IS I SAID THE SOLICITOR GENERAL SHOULD FIRST MAKE A RECOMMENDATION. THEN THE WHITE HOUSE SHOULD RESPOND. IT WAS NOT A PERSONAL OPINION KAVANAUGH. IT WAS WHAT THE GOVERNMENT'S POSITION RECOMMENDATION WOULD BE BASED ON PRESIDENT BUSH'S -- ...

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00:14:14

SO YOU WERE PRETTY CLEAR THERE.

00:14:19

WELL, I DON'T WANT TO --

00:14:20

I WANT TO ASK YOU A SIMPLE DIRECT QUESTION. DO YOU THINK HAVING A DIVERSE STUDENT BODY IS A COMPELLING GOVERNMENT INTEREST? DO YOU BELIEVE THAT? IT'S NOT A COMPLICATED QUESTION. DO YOU BELIEVE HAVING A DIVERSE STUDENT BODY IS A COMPELLING GOVERNMENT INTEREST? ...

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00:14:38

THE SUPREME COURT HAS SAID SO. AND MY EFFORTS TO PROMOTE DIVERSITY --

00:14:47

TO GET ON THE COURT AND HAVE THE ABILITY TO CHANGE THOSE PRECEDENTS. YOUR WORDS, I JUST WANT TO ASK YOU ABOUT YOUR WORDS. YOU HAVEN'T ANSWERED MY QUESTION. AND I UNDERSTAND WHAT YOU'RE GONNA STICK TO THAT. YOU'VE ALSO WRITTEN THAT AN EFFORT DESIGNED TO BENEFIT MINORITY BUSINESSES, TO TRY TO GIVE THEM A FAIR SHAKE BECAUSE THEY HAD BEEN HISTORICALLY EXCLUDED, YOUR WORDS, USED A LOT OF LEGALISMS AND DISGUISES TO MASK WHAT IS IN REALITY A NAKED RACIAL SETASIDE. ...

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00:15:18

WHAT ARE YOU READING FROM?

00:15:21

AN E-MAIL DATED AUGUST 8TH. YOUR WORDS.

00:15:25

CAN I GET A COPY IT WAS?

00:15:27

YOU CERTAINLY CAN. LET'S ASK YOU WHAT YOU BELIEVE NOW. DO YOU BELIEVE THE GOVERNMENT EFFORTS TO PROMOTE RACIAL DIVERSITY ARE A NAKED RACIAL SET-ASIDE?

00:15:48

THE GOVERNMENT EFFORTS TO PROMOTE DIVERSITY IN HIGHER EDUCATION CONTEXTS ARE CONSTITUTIONAL. AND I'VE MADE CLEAR MY OPINION PERSONAL EFFORTS TO PROMOTE...

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00:15:57

YOU REFERRED TO IT IN THE PAST MINORITY BUSINESSES BEING EXCLUDED.

00:16:10

I DON'T HAVE THE E-MAIL.

00:16:12

YOU DON'T REMEMBER USING THE TERM RACIAL SET-ASIDE?

00:16:16

I'D LIKE TO SEE E-MAIL IF I'M GETTING QUESTIONED ABOUT AN E-MAIL.

00:16:20

I'M GONNA ASK MY STAFF TO PROVIDE THAT WHILE I MOVE ON.

00:16:23

I HAVE PROMOTED DIVERSITY IN LOCAL HIRING AND MADE A BIG DIFFERENCE IN THAT.

00:16:31

I'M GRATEFUL FOR IT. YOU'VE TOLD ME A LOT OF THINGS ABOUT THE DIVERSITY YOU'VE PERSONALLY PRACTICED IN YOUR OWN LIFE. I REALLY APPRECIATE THAT. I'M NOT ASKING YOU ABOUT THAT. YOU'RE SEEKING A POSITION ON THE HIGHEST COURT IN THE LAND THAT'S GONNA AFFECT MILLIONS OF PEOPLE. YOU'VE EXPRESSED OPINIONS ABOUT THESE SUBJECTS TO THE MEDIA AND THE PRESS IN SPEECHES, PAST E-MAILS BUT YOU'RE NOT WILLING TO SAY IF YOU STILL HOLD THOSE POSITIONS IF YOU HELD BEFORE. YOU ONCE DISCUSSED THE ISSUE OF RACIAL PROFILING WITH YOUR COLLEAGUES IN THE BUSH WHITE HOUSE. ...

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00:17:12

CAN I SEE THE E-MAIL?

00:17:15

YES. I WILL GET YOU THE E-MAIL.

00:17:17

I CAN'T ANSWER IF I --

00:17:18

I'M GONNA ANSWER YOU ABOUT YOUR OPINIONS NOW. I'LL PROVIDE THE E-MAIL. I'M MORE INTERESTED IN YOUR VIEWS RIGHT NOW. THERE'S A DEBATE GOING BACK AND FORTH, AND ONE OF YOUR COLLEAGUES SAID THERE'S A THOUGHT IN THE ADMINISTRATION THAT IF THE RACE OF RACE RENDERS SECURITY MEASURES EFFECTIVE, USING RACE RENDERS SECURITY MEASURES EFFECTIVE, THEN PERHAPS WE SHOULD BE USING IT IN THE INTERESTS OF SAFETY NOW AND IN THE LONG-TERM. AND SUCH OKAYS YOUR COLLEAGUE SAID MAY BE LEGAL UNDER SUCH CASES. ...

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00:17:53

IT SOUNDS LIKE YOU'RE QUOTING SOMEONE ELSE.

00:17:55

I AM QUOTING SOMEBODY ELSE. [ ALL TALKING ]

00:18:00

I'M NOT ATTRIBUTING IT TO YOU. THAT WAS YOUR COLLEAGUE. YOU DID NOT RESPOND IN AN E-MAIL BY DENOUNCING PROFILING AND EXPRESSING OUTRAGE RELYING --

00:18:16

POINT OF ORDER. [ ALL TALKING ]

00:18:20

MR. CHAIRMAN, COURTESY TO THE WITNESS, WE JUST SAW AN EXAMPLE OF THAT WHERE I BELIEVE THAT THE WORDS THAT WERE BEING REPEATED WERE WORDS IN AN E-MAIL AUTHORED BY JUDGE KAVANAUGH. IF WE COULD SUSPEND FOR LONG ENOUGH TO HAVE THE DOCUMENTS AVAILABLE TO THE JUDGE SO THAT THEY CAN BE ANSWERED IN PROPER CONTEXT. IS THAT AN APPROPRIATE REQUEST? ...

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00:18:42

DO YOU HAVE ANY OBJECTIONS?

00:18:43

I DO HAVE AN OBJECTION. IF MY COLLEAGUE HAS AN ISSUE WITH THAT AGENDA, I THINK HE SHOULD BRING IT UP AFTER MY TIME.

00:18:50

LET'S PROCEED.

00:18:59

YOU GENERALLY FAVORED RACE-NEUTRAL SECURITY MEASURES. BUT YOU THOUGHT THERE WAS AN INTERIM QUESTION OF WHETHER THE GOVERNMENT SHOULD USE RACIAL PROFILING BEFORE A SUPPOSEDLY RACIAL SYSTEM COULD BE DEVELOPED SOMETIME IN THE FUTURE. IT'S NOT THAT YOU'RE OKAY WITH USING RACE TO SINGLE OUT SOME AMERICANS FOR EXTRA SECURITY MEASURES BECAUSE THEY LOOK DIFFERENT, BUT YOU'RE NOT OKAY WITH USING RACE TO PROMOTE DIVERSITY AND EQUAL OPPORTUNITY FOR PAST DOCUMENTED RACIAL INEQUALITY. ...

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00:19:31

IT SOUNDS LIKE I ADJUSTED THE RACIAL PROFILING TERM. WHAT IS THE DATE OF THE E-MAIL?

00:19:37

JANUARY 17TH, 2002. HAVE YOU EVER EXPRESSED AN OPENNESS TO A TEMPORARY CIRCUMSTANCE LIKE THIS E-MAIL SEEMS TO INDICATE, IN THE INTERIM QUESTION OF USING RACIAL PROFILING? HAVE YOU EVER SUGGESTED THAT? ...

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00:19:51

I'D LIKE TO SEE THE E-MAIL.

00:19:52

I WILL PROVIDE THE E-MAIL SIR.

00:19:54

IT SOUNDS FROM WHAT YOU READ LIKE I REJECTED THE CONCEPT. BUT I'LL LOOK AT THE E-MAIL.

00:19:59

IT SEEMS TO ME THAT YOU WERE OPEN TO THE CONCEPT CLEARLY. THIS IS IMPORTANT BECAUSE RIGHT NOW IN THE NATION THERE ARE PRACTICES, AND I THINK YOU'RE AWARE THAT OVERWHELMINGLY THEY TARGET AFRICAN AMERICANS AND OTHER PEOPLE OF COLOR. I'VE READ OPINIONS SUCH AS YOURS IN THE UNITED STATES VERSUS WASHINGTON THAT UPHELD A SEARCH "IN A NEIGHBORHOOD IN SOUTHEAST WASHINGTON DC" THAT YOU CALLED CRIME-PLAGUED, AND IN THE DISTRICT OF COLUMBIA WHERE YOU WOULD HAVE PROTECTED POLICE FROM LIABILITY WHEN THEY MADE WARRANTLESS ARRESTS AT A HOUSE THAT WASN'T "EAST OF THE ANCOSSIA RIVER." ...

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00:20:39

I KNOW THOSE ARE PREDOMINANTLY BLACK AREAS. I UNDERSTAND IT'S CASE LAW THAT SAYS POLICE CAN JUSTIFY SOME ACTIONS BY SAYING THEY WERE IN AREAS THAT WERE HIGH-CRIME. BUT YOU KNOW HOW SOME OF THESE OPINIONS USING THE TYPE OF RACIALLY CODED LANGUAGE CAN FURTHER THE DISPARATE TREATMENT OF PEOPLE OF COLOR WITH THE POLICE. SO THE WAY I SEE IT, AND I'LL GIVE YOU A CHANCE TO RESPOND, THAT YOU'RE WILLING TO CONSIDER USING RACIAL PROFILEING BUT YOU'RE HOSTILE TO THE USE OF RACE WHEN IT IS USED TO PROMOTE DIVERSITY AND REMEDIATE PAST PROVEN DISCRIMINATION? ...

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00:21:19

CAN I GET 60 SECONDS?

00:21:22

GO AHEAD.

00:21:24

ON THE WHIDBEY CASE THERE WAS A CALL TO THE POLICE THAT WAS NOT THE POLICE PATROLLING THE NEIGHBORHOOD. THE SUPREME COURT REVERSED THE MAJORITY DECISION THAT HAD BEEN WRITTEN BY OTHER PEOPLE THAT I DISSENTED FROM. THEY REVERSED IT 9 TO 0 THIS PAST TOMORROW. AND I WAS CITED IN THE SUPREME COURT -- AND THE SUPREME COURT AGREED WITH THE APPROACH THAT I HAD SUGGESTED 9-0. ON THE GENERAL CONCEPT, WHEN I HAVE DISCUSSED THIS IN OUR MEETING, I'M VERY AWARE OF THE REALITY AND PERCEPTION EVER TARGETED POLICING OR POLICE ACTIVITY IN MINORITY NEIGHBORHOODS. AND I'VE TRIED AS BEST I CAN TO BE AWARE AND UNDERSTAND THAT, AND WHEN I TALKED ABOUT THAT, AND THE CASE IN MY VIEW HAD NOTHING TO DO WITH THAT ISSUE. ...

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00:22:22

I TRIED TO GIVE YOU SOME TIME THERE. THIS IS WHAT I'M HEARING. YOU KNOW AND I APPRECIATE YOUR RHETORIC ON THESE MATTERS. BUT YOU'RE GOING TO BE A JUDGEBoutique Magic Casual winter Boutique Dress winter gdw8qHB ON THE SUPREME COURT IF YOU ARE CONFIRMED. AND HAVE A POWER TO MAKE MASSIVE DIFFERENCES IN OUR COUNTRY. AND THESE ARE REAL ISSUES. SO I ASK YOU WITH THE FISHER CASE, IF IT WAS RIGHTLY DECIDED AND YOU REFUSED TO ANSWER. I ASKED YOU AGAIN WHETHER YOU BELIEVE DIVERSITY IS A COMPELLING INTEREST. YOU DIDN'T ANSWER THAT, SIR. THAT'S NOT GOOD ENOUGH FOR A NOMINEE OF THE HIGHEST COURT, PARTICULARLY ONE WHO HAS EXPRESSED, AND I'LL PROVIDE YOU WITH THESE E-MAILS. FROERD AS WELL OPPOSITION TO EFFORTS TO ADDRESS SYSTEMIC PROVABLE DISCRIMINATION, AND YET YOU ALSO HAVE AN OPENNESS TO RACIAL PROFILING. AND I'LL PROVIDE THAT E-MAIL. THE CASES ARE RAISED ABOUT ADDRESSING DOCUMENTED SYSTEMIC STRUCTURAL IN"IN OUR -- INEQUALITY IN OUR COUNTRY. THIS IS ABOUT THE FACT THAT CHILDREN IN THIS COUNTRY STILL ENCOUNTER A DIFFERENCE OF EXPERIENCE IN AMERICA BASED ON THE COLOR OF THEIR SKIN AND NOT THE CONTENT OF THEIR CHARACTER. THEY ARE MORE LIKELY TO BREATHE DIRTY AIR AND DRINK DIRTY WATER, THEY'RE MORE LIKELY TO BE STOPPED AND SHOT BY THE POLICE AND BECOME ENTRAPPED Pants Dress Banana winter Republic Boutique 1qCUnItw5tIN THE CRIMINAL JUSTICE SYSTEM. EVEN I HAVE TROUBLE UNDERSTANDING IN YOUR EYES HOW AMERICA COULD BE MONTHS AWAY OR A FEW YEARS AWAY FROM BECOMING ONE RACE IN THE EYES OF THE LAW. WE'RE A GOOD COUNTRY WITH GREAT PEOPLE, AND WE'RE GREAT PEOPLE. PEOPLE OF ALL RACES IN AMERICA HAVE WORKED TOGETHER TO MAKE PROGRESS. BUT YOU'VE SAID IT YOURSELF, WE HAVE SO MUCH WORK STILL TO DO. THE SUPREME COURT SEAT PLAYS A VITAL ROLE IN THAT WORK. THIS IS A GOOD GENERATION PAST WITH CASES LIKE BROWN. VOTING RIGHTS IS A CROWN JEWEL OF THE CIVIL RIGHTS MUSEUM. IT'S DESIGNED TO PREVENT STATES FROM PUTTING UP BARRIERS FOR THE RIGHTS OF AFRICAN AMERICANS TO VOTE. IN THE 21ST CENTURY, VOTER I.D. LAWS WHICH WE'RE SEEING MORE AND MORE, MANY CONSIDER THEM THE MODERN DAY EQUIVALENT OF POLL TAX. INPERSON VOTER FRAUD IS INCREDIBLY RARE. YOU'RE MORE LIKELY TO BE STRUCK BY LIGHTNING IN AMERICA Leisure Skirt Studio Casual Heusen winter Van ZHwWTqHU1PERSON COMMITTING INPERSON VOTER FRAUD. YOU WROTE AN OPINION THAT SOUTH CAROLINA VOTER I.D. LAW THAT YOU SAID YOU WERE PROUD OF DECISION. AND I HEARD YOU SAY HERE I'M TAKING YOUR WORDS THAT YOU'RE PROUD OF THIS DECISION, BUT YOU WERE AWARE IN TRIAL THAT THE AUTHOR OF THE SOUTH CAROLINA VOTER I.D. LAW ADMITTED THAT HE RECEIVED AN E-MAIL FROM A SUPERIORITY OF THE BILL THAT SAID AFRICAN AMERICANS, THAT SAID IF AFRICAN AMERICANS WERE OFFERED A $100 REWARD FOR GETTING A VOTER I.D. IT WOULD BE "LIKE A SWARM OF BEES GOING AFTER WATERMELONS." IN RESPONSE TO THAT RACIST E-MAIL, THE AUTHOR WROTE "AMEN, ED." THANK -- YOU WERE ALSO AWARE THAT BASED ON THE IN EVIDENCE THAT CASE, THAT MINORITY VOTERS IN SOUTH CAROLINA WERE 20% MORE LIKELY THAN WHITE REGISTERED VOTERS TO HAVE A VALID VOTER I.D. SO HOW COULD YOU HAVE CONCLUDED THAT THE VOTER I.D. LAW WOULD NOT HAVE A DISPARATE IMPACT ON MINORITY VOTERS AND POOR VOTERS IN GENERAL? IF A REGISTERED VOTER DIDN'T HAVE A PHOTO I.D., ISN'T IT TRUE THAT THEIR OPTION OFFICE WRITE OUT A FORM STATEMENT THAT WOULD EXPOSE THEM OF CRIMINAL PENALTIES? AND ONLY THEN THEY COULD VOTE ON A PROVISIONAL BALLOT? ...

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00:26:10

TRUE?

00:26:10

THE DECISION WAS UNANIMOUS SCOMOINED BY AN APPOINTEE OF PRESIDENT CLINTON FROM JUDGE BASE, PRESIDENT BUSH APPOINTEE, BUT IT WAS A UNANIMOUS DECISION. WE BLOCKED IMPLEMENTATION OF THE SOUTH CAROLINA VOTER I.D. LAW FOR THE 2012. ...

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00:26:25

YOU'RE TELLING ME THINGS I KNOW. THESE ARE YOUR VIEWS ON THIS. COULDN'T YOU SEE THAT THIS WAS GONNA PROVIDE AN IMPEDIMENT AND IMPACT AFRICAN AMERICANS? COULDN'T YOU SEE THE PROBLEMS THIS WOULD CREATE? ...

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00:26:37

THAT'S WHY WE SAID THAT THE REASONABLE IMPEDIMENT PROVISION COULD NOT JUST BE THE FORM THEY PREPARED. BUT WE ESSENTIALLY SAID WHAT WOULD HAVE TO OCCUR...

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00:26:46

AND YOU SAID YOU WERE PROUD OF THE REASONABLE IMPEDIMENT PROVISION. THAT'S THE POINT WE HAD TO STOP. SOUTH CAROLINA TRIED TO ENACT THIS LAW. THEY WOULDN'T DISENFRANCHISE MINORITY VOTERS. THE PEOPLE ENACTED THIS LAW, THEY REALIZED THEY HAD TO MAKE CHANGES TO IT. YOU REMEMBER THIS. THEY CREATED A SECOND CLASS OF VOTERS SO IT WAS OUT AN I.D. THEY HAD TO GO TO A SEPARATE LINE, FILL OUT A FORM, WAIT FOR AN ATTORNEY OR COWORKTORY WITNESS THAT, AND THEN AFTER ALL THAT, THEY HAD TO CAST A PROVISIONAL BALLOT THAT MAY NOT HAVE COUNTED AT ALL. AND I APPRECIATE I SAYING THIS, BECAUSE WHAT LOOKS GOOD ON PAPER MAY FALL APART IN PRECEDENT. ...

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00:27:34

I THINK I SAID SENATOR BUT YES.

00:27:37

I'M SORRY JUDGE. [ LAUGHTER ]

00:27:39

CAN I SHOW YOU WHAT WAS UP IN SOUTH CAROLINA POLLING PLACES? YOU CAN SEE THIS SIGN. LOOK AT THIS SIGN. THIS IS WHAT PEOPLE WITHOUT A PHOTO I.D. WOULD HAVE SEEN. THIS IS CONFUSING AND INTIMIDATING. IT DOESN'T SHOW -- THERE WERE FEW CALLS, THE REASONABLE IMPEDIMENT OPTION THEY HAD. DO YOU SEE HOW THE POSTER BOARD MIGHT NOT BE VERY MUCH -- I DON'T KNOW IF YOU CAN SEE ANY REASONABLE PROV ASPECT ON THIS. DOESN'T IT MATTER THAT THE AVERAGE VOTER SEEING THIS COULD BE INTIMIDATED BY THIS PROCESS? ...

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00:28:19

THAT'S WHY I SAID IN THE LAST PARAGRAPH, THE OPINION WHAT LOOKS GOOD ON PAPER MAY FALL APART IN PRACTICE. AND WHAT WE DID IN THE DECISION IS WE SAID YOUR CONCERN, I WAS CONCERNED ABOUT THE SAME THING YOU'RE ASKING ABOUT HERE WHEN I WAS QUESTIONING THE LAWYERS AT ORAL ARGUMENT. AND WE SAID THE PROPOSED REASONABLE IMPEDIMENT FORM WASN'T GOOD ENOUGH. AND THAT THERE HAD TO BE A CATCH-ALL BOX WHERE YOU COULD PUT IN ANY REASON. AND WE LISTED ALL REASONS. ...

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00:28:47

THIS IS THE RESULT. AND I WANT TO TALK TO YOU ABOUT SOMEBODY FROM A DIFFERENT GENERATION, THE GREATEST GENERATION. THEY DID TRY TO GET A VOTER I.D. UNDER THE LAW THAT YOU WERE ESTABLISHING THAT WAS UPHELD. A 92-YEAR-OLD SOUTH CAROLINIAN NAMED LARRY BUTLER. A MILITARY VETERAN AND A PASTOR OF THE LORD. HE VOTED IN THE 2010 ELECTION BUT IN AN ATTEMPT TO GET A PHOTO I.D., HE HAD TO CHASE DOWN PAPERWORK FROM HIS HIGH SCHOOL RECORDS, THEN GO GET HIS BIRTH CERTIFICATE, COURT RECORD, HE WENT TO THE DMV, THE OFFICIAL BIBLE RECORDS OFFICE, AND THE COURT. AND AFTER ALL THAT, HE STILL WAS HAVING TROUBLE. HE DO YOU KNOW GET A VALID PHOTO I.D. ACCORDING TO THE STUDY BY THE HARVARD LAW SCHOOL, THE COST OF HIS FILING EFFORTS WERE $36. NOT ACCOUNTING FOR HIS TIME. MANY PEOPLE CALL THIS A MODERN DAY POLL TAX. DO YOU KNOW WHAT THE INFAMOUS POLL TAX WAS IN SOUTH CAROLINA IN 1895? DO YOU KNOW HOW MUCH IT WAS? THE ...

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00:29:51

THE EXACT AMOUNT? I DO NOT.

00:29:54

IT WAS $1. THAT WAS THE POLL TAX THAT YOU AND I THINK IS DESPICABLE AND DISGUSTING. WHICH IS ROUGHLY $30 TODAY. LESS THAN WHAT IT COST A VETERAN PASTOR, LARRY BUTLER, LESS THAN WHAT HE INOCCURRED TRYING TO -- INCURRED TRYING TO GET A LEGAL VOLT AFTER THE 2007 LAW. AND HOLDING A PRESS CONFERENCE WITH THE GOVERNOR INTERVENING, GIVING HIM A SPECIAL DISPENSATION. SO IT'S THIS GREAT GENERATION WHERE BLACK FOLKS AND WHITE FOLKS IN THIS COUNTRY JOINED TOGETHER. THEY FOUGHT, BLED, DIED, DIEING FOR VOTING -- BEFORE VOTING RIGHT, THEY GREW UP IN A TIME WHEN STATES LIKE SOUTH CAROLINA ROUTINELY PLACED THESE BURDENS ON THE RIGHT TO VOTE AND MADE IT DANGEROUS TO CAST THIS VOTE. I DON'T KNOW IF YOU SEE THAT THIS IS IN FACT NOT MUCH DIFFERENT IN TERMS OF THE COST TO THIS PERSON OF TRYING TO ULTIMATELY PAY FOR WHAT WAS ANESQUIVE POLL TAX. LET ME JUST CONCLUDE, THIS ISN'T COMPLICATED TO ME, SIR. THIS CREATES STRUCTURAL BARRIERS THAT SYSTEMICALLY DISENFRANCHISE PEOPLE OF COLOR AND POOR PEOPLE. I'M CONCERNED THAT A PERSON BELIEVES THAT WE ARE ALL ONE RACE IN THE EYES OF GOVERNMENT, A PERSON WHO BELIEVES THAT THAT'S WHAT RACIAL JUSTICE IS, IN YOUR WORDS NAKED RACIAL SET-ASIDE, THEN WE'LL BE BLIND TO THE REALITY OF SOMEONE LIKE MR. BUTLER AND THE EXPERIENCES OF POOR FOLKS ALL AROUND THIS COUNTRY. YOU REFUSE TO ANSWER A LOT OF MY QUESTIONS ABOUT YOUR VIEWS, TALKING ABOUT WHAT SUPREME COURT PRECEDENT IS. WE ARE AT A TIME WHEN STATES ARE ENACTING THESE LAWS ALL OVER OUR COUNTRY. VYING TO DISENFRANCHISE VOTER, TARGETING THEM WITH ALMOST SURGICAL PRECISION. YOUR ANSWERS DON'T PROVIDE ME COMFORT. AND THE JUSTICE OF YOUR NATION'S HIGHEST COURT, YOU WERE FAIRLY TAKING INTO ACCOUNT THE BARRIERS THAT CONTINUE TO DISENFRANCHISE MINORITY VOTERS. I AM A PRISONER OF HOPE LIKE YOU. WE HAVE A LONG WAY TO GO. WE HAVE WORK TO DO. BLACK FOLKS AND WHITE FOLKS HONORING THE HISTORY OF AMERICA FIGHTING TO BRING US MORE JUSTICE. THE SUPREME COURT HAS A VITAL ROLE. AND NOTHING YOU'VE SAID HERE TODAY GIVES ME ANY COMFORT THAT SHOULD YOU BE ON THE SUPREME COURT, THAT YOU WOULD DRIVE FORWARD AND SEE THAT WE HAVE THAT WORK TO DO AND MAKE THE KIND OF DECISIONS THAT WOULD MAKE A DIFFERENCE FOR PEOPLE LIKE MR. BUTLER, LEAVING EAST OF THE RIVER, NORTH OF THE RIVER, ALL OVER THIS NATION. THANK YOU, SIR. ...

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00:32:43
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CAN I TAKE A MINUTE TO RESPOND?

00:32:45

SURE. AND THEN I'M GONNA RECOGNIZE THE SENATOR.

00:32:51

THERE ARE A COUPLE THINGS ON THAT. I POINTED OUT IN THE SOUTH CAROLINA OPINION, I WAS THE MAJORITY OPINION, THAT WE SEE ON AN ALL TOO COMMON BASIS THAT RACISM STILL EXISTS IN THE UNITED STATES OF AMERICA. THE LONG MARCH FOR RACIAL EQUALITY IS NOT OVER. I CITED I THINK YOU'VE SEEN AFT AN AFRICAN AMERICAN HOCKEY PLAYER SCORED THE WINNING GOAL, A BURST OF RACIAL COMMENTARY ABOUT HIM, AND THAT WAS JUST ONE OF MANY Boutique Renee Casual C Renee Skirt Boutique C HHxtq1wr6CITED IN THIS CASE. ...

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00:33:21

COULD YOU BE MORE SPECIFIC?

00:33:24

RACIST. I ACTUALLY SAID RACIST COMMENTS, IS WHAT I SHOULD HAVE SAID ONLINE. AND THAT WAS JUST ONE EXAMPLE. I POINTED TO SAY THE REALITY, JUST ONE EXAMPLE. I MADE CLEAR THAT THE REASONABLE IMPEDIMENT PROVISION HAD TO BE REWRITTEN. I WAS ALL OVER THE REAL-WORLD EFFECTS DURING THE TRIAL THAT YOU'RE RAISING HERE. I WAS ALL OVER THAT. SO WERE THE OTHER JUDGES. HOW THIS IS REALLY GONNA WORK IN PRACTICE? WE DROVE DOWN AND DROVE DOWN AND CAUSED THE REWRITING OF THE REASONABLE IMPEDIMENT PROVISION TO MAKE SURE -- I TALKED ABOUT THE FACT FOR EXAMPLE THAT AFRICAN AMERICANS IN SOUTH CAROLINA AT THAT TIME DIDN'T HAVE AS MANY CARS IN THE SAME PERCENTAGE. SO TO GET TO YOUR POINT ABOUT GETTING THE PHOTO IDs, I MADE CLEAR THAT I UNDERSTOOD THAT. WE BLOCKED IMPLEMENTATION FOR 2012 BECAUSE WE WERE WORRIED TO YOUR POINT ABOUT THE FORM, THAT IT WOULDN'T BE ENOUGH TIME TO GET ALL THIS IN PLACE AND TO EDUCATE PEOPLE. IT WAS A UNANIMOUS DECISION. AGAIN NEITHER SIDE, THE OBAMA JUSTICE DEPARTMENT DID NOT APPEAL OUR DECISION TO THE SUPREME COURT. I BELIEVE, I ASSUME, THAT'S BECAUSE THEY THOUGHT OUR DECISION APPROPRIATELY ACCOMMODATED THE INTERESTS OF THE PARTIES IN THAT CASE AND WOULD SHOW THAT AFT -- ENSURE THAT AFRICAN AMERICANS IN SOUTH CAROLINA WERE ABLE TO VOTE ON THE SAME BASIS AS BEFORE. GOING BACK TO GROWING UP, I TALKED ABOUT THAT. THE LAW JOURNAL NOTE THAT I WROTE ON RACE DISCRIMINATION TALKED ABOUT SOMETHING THAT I KNOW YOU'VE BEEN TALKING ABOUT A LOT, WHICH WAS BIAS IN THE CRIMINAL JUSTICE SYSTEM. AND I SAID AT THE END OF THAT JOURNAL NOTE THAT BOTH RACIAL EQUALITY AND THE APPEARANCE OF RACIAL EQUALITY WERE CRITICAL TO THE FAIRNESS OF THE RACIAL JUSTICE SYSTEM. I PROVIDED SPECIFIC MECHANISMS FOR ROOTING OUT RACE DISCRIMINATION AND THE JURY SELECTION PROCESS. I TALKED ABOUT WHAT YOU'VE TALKED ABOUT, IMPLICIT BIAS OR SUBCONSCIOUS RACISM. I SPECIFICALLY TALKED ABOUT THAT IN THAT DECISION. I'VE BEEN, I THINK, A LEADER -- SO THE 2010 TESTIMONY BEFORE THE CONGRESS ABOUT THE LACK OF MINORITY LAW CLERK HIRING AT THE SUPREME COURT. JUSTICE THOMAS AND JUSTICE BRIAR WERE TESTIFYING BEFORE THE APPROPRIATIONS COMMITTEE, AND THEY WERE ASKED ABOUT MINORITY LAW CLERKS AND THE LACK OF THEM AT THE SUPREME COURT. AND THEY SAID IN ESSENCE WE'RE HIRING FROM THE LOWER COURTS. AND I REMEMBER READING THAT AND THINKING, WELL, I NEED TO DO SOMETHING ABOUT THAT. I'M THE LOWER COURT. I'M ONE OF THEM. SO AFTER THAT, I THOUGHT WHAT CAN I DO? AND I DIDN'T JUST SIT THERE. I WENT AND THOUGHT WHAT CAN I DO, AND I STARTED ON MY OWN GOING TO THE YALE BLACK LAW STUDENTS ASSOCIATION EVERY YEAR STARTING IN 2012. I THINK I'M THE ONLY JUDGE WHO HAS DONE SOMETHING LIKE THAT, OR ONE OF THE FEW. AND I JUST COLD-CALLED THEM, COLD-E-MAILED THEM AND SAID I'D LIKE TO SPEAK ABOUT MINORITY LAW CLERK HIRING BECAUSE I'M TOLD THERE'S A PROBLEM THERE. AND I SHOWED UP THE FIRST TIME WONDERING HOW IT WOULD GO, AND I EXPLAINED AND I GOT A GOOD CROWD FROM THE BLACK LAW STUDENTS ASSOCIATION. AND I SAID WE NEED MORE LAW CLERKS. THERE'S A PROBLEM. AND LET ME TELL YOU HOW TO DO IT. AND HERE'S WHY YOU SHOULD CLERK, AND HERE'S HOW YOU CLERK. AND HERE'S HOW YOU HERE ARE THE CLASSES YOU SHOULD TAKE AND THE THINGS YOU NEED. AND I GAVE THEM MY PHONE NUMBER AND E-MAIL AND SAID CALL ME ANY TIME IF YOU WANT TO HELP. AND IT WAS A BIG SUCCESSIGOT A LOT OF E-MAILS AFTER THAT. I HELPED STUDENTS. I HELP STUDENTS GET CLERKSHIPS WITH OTHER JUDGES. ONE OF THEM RECENTLY FINISHED THE SUPREME COURT AND THANKED ME FOR STARTING HIM ON THAT ROAD. AND THEN IT WAS A SUCCESS, AND I'VE GONE BACK ALMOST EVERY YEAR THERE. AND AS YOU KNOW, WE'RE GRADUATES OF THE SAME LAW SCHOOL. A LOT OF PEOPLE CLERKED FROM THERE. SO IT'S A GOOD PLACE TO GO. AND I'VE CONTINUED TO ENCOURAGE AFRICAN AMERICAN LAW CLERKS, BUT NOT JUST ENCOURAGEMENT. I'VE GIVEN THEM HELP AND ADVICE AND BEEN A SOURCE OF COUNSEL. I TRY TO BE. WHY IS THAT? BECAUSE I SAW A PROBLEM TO THE EXTENT -- OF THE KIND YOU'RE TALKING ABOUT. AND IT'S ONE SMALL THING, I SUPPOSE. BUT THOSE ARE THE FUTURE PEOPLE WHO ARE GONNA BE SITTING AROUND HERE, I THINK. AND I TRIED TO BE VERY PROACTIVE ON THAT, INCLUDING MY OWN COURT HIRING WHERE THERE ARE ONLY NETWORKS THAT PREVENTED WOMEN AND AFRICAN AMERICANS AND MINORITIES FROM GETTING CLERKSHIPS, I HAVE BEEN VERY AGGRESSIVE ABOUT TRYING TO BREAK DOWN THOSE BARRIERS AND BE VERY PROACTIVE ON THAT. RECOGNIZING THAT PART Boutique Reflections winter Natural winter Khakis Natural Boutique Reflections Khakis Boutique r7wrR6n5ZqOF THIS IS PROFESSORS WHO HAVE RESEARCH ASSISTANTS. SO MY CASES LIKE THE ORTIZ DIAZ CASE. I'M PROUD OF WHAT WE DID IN THE SOUTH CAROLINA CASE. IF YOU LOOK AT YOUR BROADER QUESTION ABOUT MY LIFE AND MY RECORD, I UNDERSTAND WHAT YOU'RE ASKING ABOUT, A FEW COMMENTS IN THOSE -- PEACHED SHIRT PEACHED GALLERY SHIRT GINGHAM GALLERY GALLERY COTTON GINGHAM PEACHED GINGHAM COTTON SHIRT COTTON OwIfawqTHE HAWAII CASE. IF YOU LOOK AT THE SWEEP OF IT, I HOPE IT GIVES YOU CONFIDENCE THAT I'VE DONE MY BEST TO TRY TO UNDERSTAND THE REAL WORLD AND TRIED THROUGH MY ACTUAL DECISIONS IN THE REAL WORLD AND APPLY THE LAW FAIRLY AND THROUGH MY OTHER ROLE AS A JUDGE IN HIRING LAW CLERKS TO BE VERY PROACTIVE IN TRYING TO ADVANCE EQUALITY IN AMERICA. ...

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00:38:51

SENATOR, WAIT, SIR.

00:38:54

SENATOR, MR. CHAIRMAN, THANK YOU. I THINK IT'S IMPORTANT, THE RULES OF FAIRNESS AND THE RULES OF THE COMMITTEE REQUIRE US TO TREAT OUR WITNESSES WITH RESPECT. WITH MINIMUM STANDARDS OF RESPECT SUCH THAT YOU CAN'T CROSS-EXAMINE SOMEBODY ABOUT A DOCUMENT THAT THEY CAN'T SEE. IN THIS CIRCUMSTANCE, THE DOCUMENT THAT WAS REFERRED TO BY MY DISTINGUISHED FRIEND AND COLLEAGUE, SENATOR BOOKER, WAS DESIGNATED AS COMMITTEE CONFIDENTIAL. THERE ARE WAYS WE CAN DEAL WITH THIS. IN A CLOSED SESSION, SO THAT HE CAN SEE THE DOCUMENT TO WHICH YOU'RE REFERRING. OR WE CAN ALSO GO ABOUT DIFFERENT PROCEDURES TO MAKE IT PUBLIC. WE'VE ALREADY DONE THIS IN THIS HEARING WITH SENATOR LAHE. THE ONE THING WE CANNOT DO IS REFER TO A DOCUMENT, CROSS-EXAMINE HIM ABOUT THAT DOCUMENT, BUT NOT EVEN LET HIM SEE IT. BECAUSE HE CAN'T SEE IT. WE COULDN'T DO THAT IN A COURTROOM, AND WE CAN'T DO THAT IN OUR COMMITTEE. OUR RULES DON'T ALLOW IT. SO I WOULD JUST SUGGEST THAT WE GO THROUGH THE PROPER PROCEDURE TO EITHER DEAL WITH THIS IN A CLOSED SESSION OR IDEALLY GO THROUGH THE PROCESS THAT SENATOR LAYHE AND COBIASSURE WENT THROUGH TO ADDRESS THIS IN OPEN COMMITTEE. ...

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00:40:15

SENATOR.

00:40:15
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THE OBJECTION IS NOTED. 30 SECONDS.

00:40:18

I REALLY RESPECT MY COLLEAGUE FROM UTAH, AND I APPRECIATE THAT. I'M NOT THE FIRST COLLEAGUE THAT HAS REFERENCED COMMITTEE CUSTODYIAL E-MAIL -- CONFIDENTIAL E-MAILS. THEY WERE REFERENCED BEFORE. AND THAT'S WHY THIS SYSTEM IS RIGGED. WE HAVE BEEN ASKING, I HAVE LETTERS HERE, SIR, THAT WE HAVE ASKED FOR. THE ONE E-MAIL SPECIFICALLY ENTITLED RACIAL PROFILING. IT SOMEHOW WAS DESIGNATED AS SOMETHING THE PUBLIC COULDN'T SEE. THIS WASN'T PERSONAL INFORMATION. ...

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00:40:51

THANK YOU.

00:40:53

THERE'S NO SECURITY ISSUES WHATSOEVER. THE FACT WE'RE NOT ALLOWING THESE E-MAILS OUT AS WE HAVE ASKED, THAT'S WHY I THINK THE SYSTEM IS RIGGED. MORE THAN THAT...

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00:41:03

SENATOR.

00:41:05

YOU HAVE THIS SYSTEM WHERE THIS WHOLE AREA --

00:41:09

IF YOU COULD BEGIN TO WRAP UP.

00:41:11

I WILL WRAP UP. THANK YOU, SIR. WE'RE NOT ALLOWED TO LET THESE OUT. SO I SEE YOU'RE OUTLINING A PROCESS BUT I'M SAYING THAT PROCESS IS UNFAIR, IT'S UNNECESSARY, IT'S UNJUST, AND IT'S UNPRECEDENTOD THIS TO EVERYBODY. I KNOW THE SENATOR NEEDS TO RESPOND WITH RESPECT, IF HE'D DO THAT BRIEFLY, I'D LIKE TO CONTINUE ON. ...

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00:41:36

SENATOR BOOKIE, I WILL GO HAND IN HAND WITH YOU LITERALLY TO WORK WITH LEADERSHIP STAFF TO GET THAT GOING. I AGREE WITH YOU. THERE'S NO REASON WHY IT SHOULDN'T BE SOMETHING WE CAN DISCUSS IN PUBLIC. I DON'T KNOW WHY IT WAS MARKED COMMITTEE CONFIDENTIAL. I WASN'T IN CHARGE OF THAT. REGARDLESS WE DO HAVE TO FOLLOW PROCEDURE. ...

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00:41:51
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I'LL WORK WITH YOU ON THAT.

00:41:53

THANK YOU, GENTLEMEN. I'M NEXT. [ LAUGHTER ]

00:41:55

AND I DON'T HAVE ANY E-MAIL. [ LAUGHTER ]

00:41:58

I WANT TO START AND COMPLIMENT YOU ON YOUR DEMEANOR. AND I MEAN THAT. I KNOW YOU'RE ON YOUR BEST BEHAVIOR. BUT I APPRECIATE YOUR HUMILITY. WE BOTH KNOW SOME FEDERAL JUDGES WHO CAN PRETTY MUCH STRUT SITTING DOWN. [ LAUGHTER ] ...

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00:42:28

AND I APPRECIATE YOUR ATTITUDE. AND YOUR DEMEANOR. AND I MEAN THAT.

00:42:34

THANK YOU VERY MUCH SENATOR.

00:42:35

I'M SDRRS I JUST WANT -- I JUST WANT TO ASK YOU A FEW QUESTIONS ABOUT THE LAW. winter Benetton Stile Stile Benetton Blazer Boutique Boutique winter Blazer Boutique wUqSxGO THUMBS UP OR THUMBS DOWN. I MAY HAVE TO INTERRUPT YOU A FEW TIMES. JUST TO MIGHT HAVE BEEN US ALONG. I'M NOT TRYING TO BE RUDE. I WANT YOU TO UNDERSTAND THAT. ...

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00:42:58

YES, SIR.

00:43:04

YOU HAVE BEEN NOMINATED FOR THE MOST POWERFUL, UNELECTED POSITION, IN THE MOST POWERFUL COUNTRY IN ALL OF HUMAN HISTORY. CONGRATULATIONS. BUT YOU UNDERSTAND WHERE WE'RE COMING FROM. THERE'S NO MARGIN FOR ERROR. ...

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00:43:30

YES, SIR.

00:43:31

WE'VE GOTTA GET THIS RIGHT. YESTERDAY -- GENTLEMEN, TAKE IF OUTSIDE, WOULD YA -- TAKE IT OUTSIDE, WOULD YA? YESTERDAY I TALKED A LITTLE BIT ABOUT THE FACT THAT JUDGES HAD LIMITS ON THEIR POWER. I DON'T KNOW IF I SAID IT THIS WAY, BUT I SAID I THINK IT'S INAPPROPRIATE FOR A FEDERAL JUDGE TO TRY TO REWRITE THE CONSTITUTION EVERY OTHER THURSDAY. TO ADVANCE AN AGENDA THAT EITHER HE OR HIS/HER SUPPORTERS CAN'T GET OUT OF THE VOTERS. DO YOU AGREE WITH THAT? ...

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00:44:19

YES, OF COURSE, SENATOR. JUDGES INTERPRET THE LAW. THEY DON'T MAKE THE LAW. AND THAT'S OBVIOUSLY SOMETHING THAT IS REPEATED A LOT.

00:44:28

YES.

00:44:29

BUT IT ACTUALLY MATTERS. IF YOU KEEP THAT IN MIND, IT MATTERS.

00:44:34

JUDGES ALSO HAVE ANOTHER Active Boutique Pants Boutique winter Nike winter xHwWz0q0DUTY THOUGH. I DIDN'T GET TO TALK ABOUT IT YESTERDAY. FEDERAL JUDGES AND STATE COURT JUDGES HAVE AN OBLIGATION TO PROTECT INALIENABLE RIGHTS. EVEN IF THE MAJORITY WANTS TO TAKE THEM AWAY. THAT'S WHY THEY CALL INALIENABLE. AND WHEN JUDGE GORSUCH WAS HERE, IF YOU THINK ABOUT IT, IN MANY CASES, THE BILL OF RIGHTS IS THERE FOR THE HIGH SCHOOL QUARTERBACK OR THE PROM QUEEN, IT'S THERE FOR THE PERSON WHO CEASE THE WORLD DIFFERENTLY BUT HAS THE RIGHT TO DO THAT. AND I THINK THAT'S IMPORTANT FOR A JUDGE. CAN WE AGREE ON THAT? ...

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00:45:17

ABSOLUTELY, SENATOR. I THINK THE BILL OF RIGHTS -- PROTECTS ALL OF US, AND THAT INCLUDES AND IT'S MOST RELEVANT FOR FREE SPEECH OF THE UNPOPULAR.

00:45:29

RIGHT.

00:45:30

OR UNPOPULAR --

00:45:33

EVEN IF THE MAJORITY SAYS WE'RE THE Pants Active Boutique Boutique winter Reebok winter Reebok Boutique Pants Reebok Active Active winter SqRx47PwUMAJORITY. BECAUSE WE BOTH KNOW THAT SOMETIMES THE MAJORITY JUST MEANS THAT MOST OF THE FOOLS ARE ON THE SAME SIDE. [ LAUGHTER ] ...

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00:45:43

JUST BECAUSE YOU'RE THE MAJORITY DOESN'T MEAN YOU'RE RIGHT, CORRECT?

00:45:51

JUST BECAUSE YOU'RE THE MAJORITY DOES NOT MEAN YOU'RE RIGHT IS ABSOLUTELY CORRECT.

00:45:55

RIGHT. THAT'S WHY WE HAVE A BILL OF RIGHTS.

00:45:57

YES.

00:45:57

I WANT TO TALK ABOUT -- THAT'S THE EASY PART. I WANT TO TALK ABOUT HOW WE GO ABOUT MAKING THESE DECISIONS. THE SUPREME COURT HAS REJECTED THE DOCUMENT. YOU TALKED ABOUT WE'RE NOW TEXTULISTS -- TEXTUALISTS, AND YOU CALL THE ORIGINALISM CONSTITUTIONAL. ...

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00:46:33

ORIGINAL PUBLIC MEANING, ORIGINALISM, CONSTITUTIONAL TEXTUALISM. I THINK THOSE DESCRIBE THE SAME THING.

00:46:40

YOU TALK WITH THE LANGUAGE, LET'S SAY THE STATUTE. THE LANGUAGE IN THE STATUTE.

00:46:44

YES, SIR.

00:46:44

AND THE FIRST QUESTION YOU ASK, IS IT AMBIGUOUS OR UNAMBIGUOUS? CORRECT?

00:46:51

IF THERE'S A CANNON OF CONSTRUCTION THAT IS THERE, THAT DEPENDS ON A FINDING OF AMBIGUITY, THAT WOULD BE THE QUESTION. OTHERWISE, OTHER THAN THAT, YOU WOULD JUST SAY WHAT IS THE BEST MEANING. ...

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00:47:02

YEAH, YOU READ THE STATUTE.

00:47:04

YES.

00:47:04

DOES IT MAKE SENSE? IT EITHER MAKES SENSE OR IT DOESN'T. HOW DO YOU DETERMINE THAT? HOW AMBIGUOUS -- YOU ALLUDED TO THIS, BUT HOW DECISION DID IT -- AMBIGUOUS DOES IT HAVE TO BE? 100% AMBIGUOUS? DOES IT HAVE TO BE 51% AMBIGUOUS? IS THERE REALLY ANY PRINCIPLED WAY TO COMPARE CLARITY TO AMBIGUITY? OR DO SOME JUDGES USE IT AS AN EXCUSE TO GET TO THOSE CANNONS OF INTERPRETATION ABOUT WHICH THEY'VE ALREADY READ IN THE BRIEF TO DO WHAT THEY WANT TO DO! IF YOU KNOW. [ LAUGHTER ] ...

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00:47:51

I'VE SAID MANY TIMES IN MY CASES AND TALKS TO STUDENTS THAT JUDGES SHOULDN'T BE SNATCHING AMBIGUITY FROM CLARITY. SO THAT'S ONE THING. I THINK THAT GOES RIGHT TO YOUR QUESTION. TO YOUR BROADER QUESTION, THAT'S ONE OF MY CONCERNS ABOUT A FEW CANNONS OF CONSTRUCTION. THAT DEPENDS ON AN INITIAL FINDING OF AMBIGUITY, WHICH SOUNDS GREAT IN THEORY. WHICH IS OH, IF IT'S AMBIGUOUS, GO TO THAT CANNON OR THIS CANNON. BUT IN PRACTICE OVER 12 YEARS WHAT I'VE FOUND, AND I'VE WRITTEN ABOUT THIS, IS THAT THERE'S NOT A GOOD WAY TO FIND NEUTRAL PRINCIPLES ON WHICH TO, OR -- IN WHICH 2 OR THREE JUDGES CAN AGREE ON HOW AMBIGUOUS IS AMBIGUITY. AND THAT'S HARD TO TALK ABOUT. IF I FIND IT AMBIGUOUS, I DON'T THINK IT'S AMBIGUOUS, THAT IS IN MY VIEW FRUSTRATING THE GOAL THAT I HAVE OF THE JUDGE'S UMPIRE, THE EVEN-HANDED APPLICATION OF NEUTRAL PRINCIPLES IN THE RULE OF LAW. AND ULTIMATELY THAT'S CONCERNED ME. BECAUSE SOME OF THESE CASES WHERE THAT'S COME UP ARE BIG DEAL CASES. YES IT'S DEPENDENT ON THIS INITIAL DETERMINATION THAT WHEN YOU UNPACK AND ACTUALLY SIT IN THE JUDICIAL CONFERENCE ROOM LIKE I DO, IT TURNS OUT TO BE VERY HARD TO APPLY IN AN EVEN-HANDED WAY. THAT'S A CONCERN I IDENTIFIED. ...

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00:49:19

I'M WITH YOU ON THAT. YOU ADVOCATE THE BEST READING OF THE STATUTE.

00:49:22

UH-HUH. YES.

00:49:25

LET'S TALK ABOUT THAT. AND I WANT TO TALK ABOUT IT NOT IN TERMS OF THE STATUTE BUT THE SECOND AMENDMENT. THE HELLER CASE. YOU DEFINED ORIGINALISM AS CONSTITUTIONAL TEXTUALISM, AND THE RIGHT INTERPRETATION OF THE CONSTITUTION IS -- TELL ME IF I GET THIS WRONG NOW. HOW WOULD A REASONABLE PERSON AT THAT TIME HAVE UNDERSTOOD THE CONSTITUTION? ...

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00:49:59

THE ORIGINAL PUBLIC MEANING. I WANT TO ADD PRECEDENT IS A HUGE PART OF WHAT WE DO IN CONSTITUTIONAL LAW. BUT IF YOU'RE LOOKING AT THE WORDS, THE ORIGINAL PUBLIC MEANING, LOOK AT WHAT THE WORDS MEAN. SOMETIMES THE MEANING CHANGES. OFTEN TIME IT HASN'T. BUT TO YOUR POINT I AGREE. ...

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00:50:14

IT'S ALMOST AN OBJECTIVE CATEGORY.

00:50:18

YOU'RE TRYING TO MAKE IT AS OBJECTIVE AS POSSIBLE, ABSOLUTELY. IT IS AN OBJECTIVE CAST. SOMETIMES THERE'S QUESTIONS ABOUT WHAT THE MEANING OF THE WORD...

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00:50:27

SURE. BUT YOU'RE NOT LOOKING AT THE INTENT.

00:50:31

CORRECT. NOT THE SUBJECTIVE INTENT OTHER THAN TO THE EXTENT --

00:50:37

OKAY, I LOOKED AT THE HELLER TEXT. AND I'M TALKING ABOUT THE HELLER CASE UPHELD BY THE U.S. SUPREME COURT T. WASN'T A BALANCING CASE. YOU MADE THAT POINT CLEAR AT THE COURT OF APPEAL LEVEL. IT WAS A TEXT HISTORY AND TRADITION CASE. ...

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00:50:53

UH-HUH.

00:50:54

AND JUSTICE SCALIA WROTE THE MAJORITY OPINION. JUSTICE STEVENS DISENDED, AND THEY BOTH TOOK AN ORIGINALIST APPROACH. AND I WENT BACK AND LOOKED. SCALIA, WHICH IS WHAT HE RELIED ON, FOUNDING ERA DICTIONARIES, TREATISES, AMERICAN COLONIAL LAWS, BRITISH AND AMERICAN HISTORICAL DOCUMENTS, COLONIAL ERA STATE CONSTITUTIONS, HE LOOKED AT THAT. AND JUSTICE STEVENS ALSO USING AN ORIGINALIST APPROACH LOOKED AT THE SAME DOCUMENTS AND ADDED HE RELIED ON LINGUISTIC PROFESSORS AND 18TH CENTURY TREATISE ON SYNONYMOUS WORDS, AND A DIFFERENT EDITION OF THE COLONIAL ERA DICTIONARY THAT JUSTICE SDALIA USED -- SCALIA USED. HERE'S MY QUESTION. DOESN'T THE ORIGINALIST APPROACH JUST REQUIRE A JUDGE TO BE AN HISTORIAN? AND AN UNTRAINED HISTORIAN AT THAT? WOULDN'T WE BE BETTER OFF HIRING A TRAINED HISTORIAN TO GO BACK AND LOOK AT ALL OF THIS? THIS COMMENTARY? ...

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00:52:14

WELL, THE HELLER CASE WAS ONE OF THE RARE CASES WHERE THE SUPREME COURT WAS DECIDING THE MEANING OF A CONSTITUTIONAL PROVISION WITHOUT THE BENEFIT OF MUCH IF ANY RELEVANT PRECEDENT. MOST OF THE CONSTITUTIONAL PROVISIONS, THERE'S BEEN A BODY OF CASES OVER TIME ZIPPING THE -- INTERPRETING THE PROVISION AND YOU DON'T HAVE TO DO THE KIND OF EXCAVATION THAT JUSTICE SCALIA AND STEVENS DID IN THAT CASE BECAUSE IT'S BEEN DONE BEFORE. THE REASON I THINK WHY THE SECOND AMENDMENT POSED A CHALLENGE IN THAT CASE IN TERMS OF FIGURING IT OUT IS THE PREPARATORY CLAUSE IN THE SECOND AMENDMENT WHICH THE QUESTION WAS DID THAT DEFINE THE SCOPE OF THE RIGHT INDICATED AFTERWARD? THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED? OR DID THE PREPARATORY CLAUSE MERELY STATE A PURPOSE FOR WHICH THE RIGHT WAS RATIFIED, AND THEREFORE YOU NEED THE RIGHT AS WRITTEN, THE RIGHT TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED. TO FIGURE OUT WHAT THE PREPARATORY CLAUSE MEANT, WE HAD TO FIGURE OUT FOR THE GENERAL PROPOSITION HOW LEGAL DOCUMENTS AT THE TIME USED PREPARATORY CLAUSES, WHAT THE PURPOSES OF THOSE WERE, AND THAT REQUIRED A LOT OF HISTORICAL EXCAVATION BY THE TWO JUSTICES AT A COMPETING POSITION. ...

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00:53:32

OKAY. FAIR ENOUGH.

00:53:44

WE TALKED ABOUT HOW OUR JUDICIARY WAS ONE OF THE CROWNING LEVELS OF OUR GOVERNMENT IN THE FACT THAT IT SEPARATES US FROM OTHER COUNTRIES. THAT IS THE ISSUE THAN I THOUGHT ABOUT -- THAT I THOUGHT ABOUT. WE HAVE THE SAME TIME AUDIO. WE STARTED WITH RELEASE OF TAPES MUCH LATER IN THE WEEK AND LATER IN THE DAY AND AT THE SAME TIME THERE IS AUDIO IN OUR COURT AND I THINK THAT HAS BEEN WORK TO THE LEVEL FOR US. I KNOW THE NOMINEES WHO HAVE SET THIS CHAIR IN THE PAST HAVE EXPRESSED THE DESIRE FOR CAMERAS IN THE COURTROOM ONLY TO GET TO THE SUPREME COURT AND REALLY CHANGE THEIR POSITION RAPIDLY. IT MEANS HUMILITY ABOUT MAKING CONFIDENT ASSERTIONS ABOUT THAT AND OF COURSE JOINING A TEAM AND THINKING ABOUT THAT. HEARING THE PERSPECTIVES OF WHY THEY CHANGED THEIR POSITION. I WILL SAY ONE THING THAT I THINK IS IMPORTANT. ORAL ARGUMENTS ARE A TIME FOR THE JUDGES TO ASK TESTING QUESTIONS OF BOTH SIDES AND THERE IS A PERCEPTION AND YOU SEE IT IN THE MEDIA THAT THE JUDGE ASK -- WILL BE LEANING THIS WAY. I CANNOT STAND THAT KIND OF COMMENTARY. IT IS A TIME TO ASK TOUGH QUESTIONS. I DO WONDER WHETHER PEOPLE WOULD GET THE WRONG IMPRESSION OF THE ORAL ARGUMENT. I HAVE THOUGHT THE ANNOUNCEMENT OF THE SUPREME COURT DECISION IN THE ISSUE THE OPINIONS, THAT IS A DIFFERENT POINT IN TIME WHEN -- ...

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00:56:33

WHAT DID YOU SAY? PEOPLE AREN'T FOOLS?

00:56:38

AS TO THE DECISIONS, THAT IS WHEN THE COURT IS ANNOUNCING THE DECISION AND THAT IS THE DECISION OF THE COURT. ORAL ARGUMENT, LAWYERS UNDERSTAND PEOPLE ASKING QUESTIONS ABOUT BOTH SIDES. SOMETIMES YOU THINK THAT THE ...

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00:56:57

THANKS TO FIX THIS.>> IF I WERE STARTING --

00:57:05

I WILL STOP THERE.>> THERE ARE GOOD ARGUMENTS ON BOTH SIDES. I DO THINK THAT THE AMERICAN PEOPLE HAVE LOST CONFIDENCE IN THE INSTITUTION OF THE SUPREME COURT AND CONGRESS AND THE PRESIDENCY AND IT IS IRONIC GIVEN MY GENERATION THAT THE ONLY INSTITUTION THAT THEY HAVE CONFIDENCE AND IS THE MILITARY WHICH WAS NOT TRUE IN MY ERROR. YOU HAVE TO TRUST THE PEOPLE. TOO MANY HERE IN THE BELTWAY ...

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00:57:45

THE PEOPLE DON'T READ ARISTOTLE EVERY DAY BUT THEY GET IT AND WILL FIGURE IT

00:57:50

LET ME ASK YOU A COUPLE OF MORE QUESTIONS. YOU ARE IN ORIGINALIST EXPECT YES . PAY ATTENTION TO THE ORIGINAL PUBLIC MEETING. I WANT TO MAKE SURE I SAY IF YOU ARE IN A CONSTITUTIONAL ...

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00:58:08

PRESIDENT IS IMPORTANT.>> THE FOCUS OF AN ORIGINALIST IS AN UNDERSTANDING OF THE CONSTITUTION BY THE PEOPLE AT THE TIME IT WAS WRITTEN AND RATIFIED. THE MEANING AS OPPOSED TO THE INTENT I AM NOT TRYING TO TRICK ...

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00:58:31

I WANT TO BE CLEAR IN CASE SOMEONE TAKES SOMETHING

00:58:37

OF CONTEXT.>> ARE YOU WILLING TO OVERTURN? DO YOU THINK IT CONFLICTS WITH THE ORIGINAL PUBLIC UNDERSTANDING OF THE DOCUMENT

00:58:49

THE SUPREME COURT RULES ON 10 SEVEN SETS FORTH A SERIES OF CONDITIONS THEY LOOK FOR BEFORE YOU CONSIDER --

00:58:59

IF YOU COME UP ON A CASE, AND YOU SAY, YOU KNOW, I AM ON THE SUPREME COURT NOW AND I HAVE LOOKED AT THIS AND THAT IS NOT UNDER ORIGINALIST SOME. THAT IS NOT WITH THE PUBLIC ...

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00:59:15

WAS.>> THE SOUP -- THIS FIRST INQUIRY WAS IT WAS GRIEVOUSLY WRONG AND IF YOU THOUGHT THAT IT WOULD BE GONE BECAUSE OF THAT OR FOR OTHER REASONS AND GO TO THE NEXT STEPS. THAT IS IT HOW THAT WOULD WORK. IF I UNDERSTAND THE QUESTION ...

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00:59:37

CAN WE AGREE THAT THERE WERE STATE CONSTITUTIONS THAT PRECEDED THE FEDERAL CONSTITUTION?

00:59:45

THEY DID IN THE -- AND THE FRAMERS DREW ON THE

00:59:52

PAGER FROM THE STATE CONSTITUTION. CAN WE AGREE THAT EVERY STATE HAS THAT?

00:59:56

THEY PROTECT A LOT OF

01:00:01

BEFORE THE FEDERAL CONSTITUTION WAS EXTENDED TO THE STATE, THE ONLY PROTECTION WAS THE STATE CONSTITUTION EXPECT THAT IS CORRECT OTHER THAN THE RIGHTS ARTICULATED IN THE ORIGINAL CONSTITUTION, YES. ...

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01:00:17

CAN WE AGREE THAT -- LET'S TAKE THE BILL OF RIGHTS. LET'S TAKE THE FIRST AMENDMENT. CAN WE AGREE THAT THE FIRST AMENDMENT AND THE UNITED STATES CONSTITUTION SETS THE FLOOR THAT THE STATE COUNTERPART, THE STATE FIRST AMENDMENT COUNTERPART CAN ACTUALLY GIVE YOU A GREATER FIRST AMENDMENT RIGHT? ...

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01:00:45

CORRECT. I MENTIONED IT BEFORE AND A BOOK IN THE 1970S ENCOURAGING STATE LITIGANTS AND COURTS AND JUDGES TO THINK ABOUT EXACTLY WHAT YOU

01:01:02

SAYING.>> IN FACT, SOME STATES HAVE. CALIFORNIA, FOR EXAMPLE, THEIR FIRST ADMIN -- EDMUND DIDN'T -- AMENDMENT DOES NOT HAVE A CLAUSE

01:01:16

I HAVE NOT LOOKED AT THE CALIFORNIA CONSTITUTION RECENTLY. I WILL TAKE YOUR

01:01:22

THEY DON'T. IN A PRIVATE SHOPPING CENTER, SO LONG AS IT IS A COMMON AREA, SOMEBODY CAN GO IN AND PROTEST. YOU HAVE A FIRST AMENDMENT RIGHT UNDER THE...

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01:01:43

THE ONLY QUESTION IN THAT CASE WOULD BE IF IT CONFLICTS WITH ANOTHER

01:01:47

THAT IS MY QUESTION. WHAT HAPPENS WHEN A STATE INTERPRETS ITS OWN FIRST AMENDMENT, WHICH IT CAN INSULATE FROM REVIEW BY YOU GUYS OR BY YOU SOON TO BE GUYS ON THE SUPREME COURT UNDER THE GROUND DOCUMENT BUT IT CONFLICTS WITH YOUR FIST A MAN -- FIFTH AMENDMENT PROPERTY ...

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01:02:12

ARTICLE 6 OF THE CONSTITUTION MAKES CLEAR THAT THE FEDERAL CONSTITUTION IS THE SUPREME LAW OF THE LAND AND THAT TRUMPS NOT ONLY STATE LEGISLATION BUT ALSO STATE CONSTITUTIONAL DECISIONS. IN THAT INSTANCE, THE PROPERTY RIGHT PROTECTED, IF IT WERE DETERMINED THAT IT VIOLATED THE RIGHT AND THE U.S. CONSTITUTION, THAT WOULD ...

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01:02:35

THAT IS NOT WHAT THE

01:02:36

COURT SAID.>> IT WAS A BALANCE BECAUSE THEY INTERPRETED THE PROPERTY NOT TO

01:02:43

PROTECTED.>> CALIFORNIA ONE IT BUT THE POINT BEING, I HAD THE PREMISE AND WHAT I SAID. IF YOU CONCLUDED THAT IT VIOLATED THE PROPERTY PROTECTION THEN THE U.S. CONSTITUTIONAL CONTROL AND IN THAT CASE THE SUPREME COURT CONCLUDED THAT IT DID NOT VIOLATE THE PROPERTY PROTECTION OF THE U.S. ...

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01:03:05

I AM NOT GOING TO OUTSMART YOU. YOU ARE RIGHT.

01:03:11

YOU GOT THIS FIRST AMENDMENT SPEECH RIGHT, FREE SPEECH ON STEROIDS IN CALIFORNIA AND THERE IS NO STATE ACTION REQUIRED. YOU KNOW, THEY ALL SAID IT APPLIES TO A PRIVATE ENTITY LIKE A SHOPPING CENTER I KNOW THAT JUSTICE KENNEDY IS TALKING ABOUT HOW THE INTERNET IS NEW PUBLIC ARENA. IF YOU HAVE -- OTHER STATES HAVE ADOPTED THIS APPROACH. THIS ENHANCED RIGHT WITH NO STATE ACTION REQUIREMENT. NEW JERSEY HASN'T OTHER PLACES. HOW THEN CAN Boutique amp;M Romper H Boutique winter Romper amp;M amp;M H winter Boutique Romper winter Boutique winter H 6x4d6ITqCALIFORNIA CENSOR ANY MESSAGES? IF YOU ARE GOING TO BE IN CALIFORNIA, YOU HAVE A FIRST AMENDMENT RIGHT AND IT IS NOT LIMITED TO THE FIRST AMENDMENT DOCTRINE PICK ...

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01:04:17

IT SOUNDS LIKE HYPOTHETICAL BUT I WOULD GIVE YOU A PART OF

01:04:24

IT IS COMING.>> I THINK ONE OF THE Boutique winter Active Active Nike Pants Nike Pants winter Boutique Boutique TxHvRqw5THINGS WITH THESE PROCEEDINGS FOR JUDGES AND SUPREME -- SUPREME COURT JUSTICE NOMINEES ARE BACK WORKING WITH THE CASES BUT ONE OF THE INTERESTING THINGS THAT I THINK ABOUT IS WHAT IS THE FUTURE AND THE BIG ISSUES ...

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01:04:43

DOWN THE PIKE.>> THAT IS

01:04:45

OF THEM.>> SPEECH, HOW TECHNOLOGY AFFECTS SPEECH AND HOW IT AFFECTS THE FOURTH AMENDMENT RIGHTS AND PRIVACY. I THINK CYBER WAR AND HOW DOES THE WORD POWER FRAMEWORK SET IN WITH CYBER ATTACKS AND I THINK THAT IS ROOTED IN TECHNOLOGY THAT SOMEONE SITTING IN THIS SEAT 10 YEARS FROM NOW ARE GOING TO BE CRITICAL ISSUES AND I THINK WE ALSO THINK OF THE FUTURE CRISIS MOMENTS BECAUSE THERE WILL BE CRISIS MOMENTS FOR THE SUPREME COURT AND USUALLY THEY ARE UNPREDICTABLE. YOU WOULD NOT HAVE PREDICTED SEPTEMBER 11 OR EVEN THOUGHT TO ...

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01:05:39

THEM QUESTIONS.>> I WILL STOP YOU, JUDGE. I RUN OUT OF TIME.

01:05:41

THANK YOU, SIR.>> I WANT TO TALK ABOUT CHEVRON FOR A SECOND. HERE IS MY UNDERSTANDING. FIRST OF ALL, THE STATUTES HAVE TO BE AMBIGUOUS AND IF IT IS AMBIGUOUS , ACCORDING TO THE SUPREME COURT , WE'VE GOT TO ADOPT THE AGENCY INTERPRETATION EVEN IF IT IS NOT THE MOST REASONABLE ...

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01:06:07

THAT'S

01:06:11

IT JUST HAS TO BE

01:06:13

REASONABLE.>> THEY SAY REASONABLE BUT NOT THE MOST

01:06:18

OKAY. HERE IS WHAT I DON'T UNDERSTAND. YOU LOOK AT THE APA. THE REVIEWING COURT, NOT THE AGENCY BUT THE REVIEWING COURT SHALL DECIDE ALL PREVALENT QUESTIONS OF THE LAW, AND TURPIN STATUTORY PROVISIONS AND TO DETERMINE THE MEANING OR APPLICABILITY OF THE TERMS OF THE AGENCY ACTION. THERE IT IS, BIG AS DALLAS. NOW, THAT IS JUST THE COURT. HOW COME WE HAVE TO DEFER TO A FEDERAL AGENCY UNDER SECTION 706? ...

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01:06:59

SENATOR, AND MY ARTICLE THAT I WROTE I POINTED OUT THAT STATUTORY PROVISION AND I DID SAY THAT CHEVRON WAS IN TENSION WITH THAT PROVISION BUT CHEVRON CONCLUDED WHAT IT CONCLUDED AND IT HAS BEEN APPLIED OVER TIME. I POINTED OUT PROBLEMS IN TERMS OF THE PRACTICAL APPLICATION. THE AMBIGUITY TRIGGER AND YOU'RE POINTING OUT A PROBLEM AT THE COURT WHICH IS WHERE DID ...

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01:07:28

COME FROM TO BEGIN WITH.>> NOT ONLY THAT BUT I KNOW YOU KNOW THIS BUT IT ENCOURAGES MISBEHAVIOR AND LET'S SUPPOSE THEY RUN FOR PRESIDENT. THEY ARE NOT GOING TO GO OUT AND RUN ON THEIR GOOD LOOKS BUT THEY ARE GOOD-LOOKING GUYS BUT THEY WILL RUN ON POLICY AND THEY GET ELECTED AND THEY MEET US IN CONGRESS AND A LOT OF TIMES THEY CAN I GET THE BILL ...

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01:08:00

THAT IS RIGHT.>> YOU KNOW WHAT THEY DO. FIGURE 21 -- THEY GO TO ONE OF THEIR AGENCIES AND TAKE THEIR SQUARE PEG AND PUT IT IN THE ROUND HOLE AND FIND A JUDGE TO SAY THAT THE STATUTE IS AMBIGUOUS AND WE COULD DO ANYTHING WE WANT TO DO AND THAT ...

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01:08:19

NOT RIGHT.>> SENATOR, THAT IS A PROBLEM I HAVE IDENTIFIED IN THE REAL-WORLD APPLICATION OF CERTAIN BROAD CONCEPTIONS OF DEFERENCE AND THAT IS IS -- IT IS A SHIFT OF POWER FROM THE LEGISLATIVE PRINT -- BRANCH. PRESIDENTS RUN FOR OFFICE. ...

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01:08:41

THEY ALL DO IT.>> IF YOU CAN GET LEGISLATION THROUGH, YOU SUE -- TRY TO SEE THE AUTHORITIES THAT YOU CAN ACHIEVE YOUR POLICY AND PUSH THE ENVELOPE ON THE THEORY OF THERE IS AMBIGUITY IN THE OLD STATUTE AND SOMETIMES THE COURT WILL UPHOLD IT ...

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01:09:03

YOUR HANDS ARE TIED WHEN IT COMES IN FRONT OF YOU. ALL PRESIDENTS HAVE DONE AT. I AM NOT BLAMING THEM. YOUR HANDS ARE TIED. IF THE STATUE IT -- IS AMBIGUOUS AND THE INTERPRETATION IS NOT THE MOST REASONABLE IT CAN BE THE 10th MOST REASONABLE AND ...

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01:09:25

HAVE TO GO WITH IT.>> IF THE STATUE IT -- IS AMBIGUOUS, IT IS A DIFFICULT --

01:09:31

CHEVRON SAYS USE ALL THE TOOLS OF STATUTORY INTERPRETATION BEFORE YOU GET OF TIMES TO MAKE SURE YOU'RE NOT JUMPING TO QUICK -- TWO OF

01:09:53

RULES.>> THAT MEANS IF IT IS MAJOR SOCIAL ISSUES YOU

01:10:07

NOT DEFER TO CONGRESS.>>

01:10:08

UNIVERSAL INJUNCTIONS. I DON'T KNOW HOW MANY FEDERAL JUDGES, DISTRICT JUDGES, 700? 700. AS I UNDERSTAND THE NATIONWIDE INJUNCTION, SOMETIMES THEY CALL IT UNIVERSAL. A SINGLE -- SINGLE FEDERAL JUDGE CAN FREEZE LAW OR REGULATION. LET'S SUPPOSE WE HAVE 700 JUDGES. ONE OF THEM CAN ENJOY -- ENJOYING A REGULATION ...

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01:10:37

THANK YOU. I JUST GOT AN EXTRA 20 SECONDS. ANYBODY ELSE WANT TO GO? I AM GIVING MYSELF AN EXTRA 20 SECONDS. WHERE WAS I? NATIONWIDE INJUNCTION. ONE FEDERAL JUDGE CAN ENJOIN A LAW OR REGULATION FOR THE ENTIRE COUNTRY EVEN IF EVERY OTHER JUDGE IN THE COUNTRY SAYS I DON'T AGREE. WHAT IS THE LEGAL BASIS FOR THAT? HAS TO BE A STATUTE OR THE CONSTITUTION. ...

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01:11:19

SENATOR, THAT IS AN ISSUE THAT IS BEING CONTESTED CURRENTLY IN COURTS AROUND THE COUNTRY AND IT IS AN ISSUE OF DEBATE AND THEREFORE I THINK I BETTER SAY NOTHING ABOUT IT. I APOLOGIZE FOR THAT BUT IT IS AN ISSUE OF CURRENT DEBATE. ...

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01:11:41

ALL RIGHT.

01:11:43

I APOLOGIZE.>> IT'S OKAY.

01:11:48

I'VE GOT NINE SECONDS.

01:11:58

GOT 29 SECONDS.>> THIS IS NOT MEANT TO BE A TRICK QUESTION. IT IS NOT ABOUT TITLE NINE AND NOT ABOUT SEXUAL ASSAULT BECAUSE I KNOW YOU CAN ENTER THAT DISH ANSWER THAT BUT I WILL NOT ASK THAT. STRIKE THAT. STATE ACTION. IS A PRIVATE SECURITY GUARD A STATE ACTOR? ...

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01:12:22

WELL, STATED THAT WAY, THE ANSWER WOULD BE NO BUT I THINK SOMETIMES THE CASES, --

01:12:35

CONTRACTING AND THIS AND THAT

01:12:42

HERE'S MY QUESTION. I'VE ALWAYS WONDERED. IF THE CITY PRIORITIZES THE ENTIRE POLICE FORCE, THE PRIVATE POLICE OFFICERS, DO THEY HAVE TO COMPLY WITH THE CONSTITUTION? ...

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01:13:02

THAT IS WHY I POINTED OUT THE CONTRACTING ISSUE. SOME OF THE SUPREME COURT CASE LAW WOULD LOOK AT THE CONTRACTING ISSUE. THAT IS AN INTERESTING QUESTION THAT IS HARD TO ANSWER WITHOUT LOOKING AT THE ARRANGEMENT OF THE PARTICULAR CITY OF LOW -- OR LOCALITY TO FIND OUT HOW MUCH OF THE STATE IS ...

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01:13:20

THANKS, JUDGE.

01:13:21

SENATOR, HAVE YOU EVER DISCUSSED SPECIAL COUNSEL MUELLER OR HIS INVESTIGATION WITH ANYONE?

01:13:30

WELL, IT IS IN THE NEWS

01:13:38

DAY.>> HAVE YOU DISCUSSED IT WITH ANYONE?

01:13:42

WITH OTHER JUDGES I KNOW.

01:13:43

HAVE YOU DISCUSSED MUELLER FOR THE INVESTIGATION WITH ANYONE AT THE LAW FIRM OF PRESIDENT TRUMP'S PERSONAL

01:13:56

BE SURE ABOUT YOUR ANSWER, SIR.

01:13:58

WELL, I AM NOT REMEMBERING BUT IF YOU HAVE SOMETHING --

01:14:05

ARE YOU CERTAIN?

01:14:07

THE LAW FIRM FOUNDED BY MARK CASO IT'S WHO IS PRESIDENT TRUMP'S PERSONAL LAWYER. HAVE YOU HAD ANY CONVERSATION ABOUT ROBERT MUELLER OR HIS INVESTIGATION WITH ANYONE AT THAT FIRM? YES OR NO? ...

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01:14:34

IS THERE A PERSON YOU ARE TALKING ABOUT REX

01:14:37

I AM ASKING YOU A VERY DIRECT QUESTION. YES OR NO?

01:14:40

I AM NOT SURE I KNOW

01:14:43

I DON'T THINK YOU NEED TO. I THINK YOU NEED TO KNOW WHO

01:14:50

TALK TO.>> WHO DID YOU TALK TO?

01:14:52

I AM NOT REMEMBERING BUT I

01:14:54

HAPPY TO BE REFRESHED.>> ARE YOU SAYING THAT WITH ALL THAT YOU REMEMBER, YOU HAVE AN IMPECCABLE MEMORY. YOU HAVE BEEN SPEAKING FOR EIGHT HOURS WITH THIS COMMITTEE ABOUT ALL SORTS OF THINGS YOU REMEMBER. HOW CAN YOU NOT REMEMBER WHETHER OR NOT YOU HAD A CONVERSATION ABOUT ROBERT MUELLER OR HIS INVESTIGATION WITH ANYONE AT THAT LAW FIRM? THE INVESTIGATION HAS ONLY BEEN ...

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01:15:19

G ON FOR SO LONG.>> I AM TRYING TO THINK IF I KNOW ANYONE THAT WORKS AT THAT

01:15:25

THAT IS NOT MY QUESTION. HAVE YOU HAD A CONVERSATION ABOUT THAT INVESTIGATION WITH ANYONE AT THE FIRM? A SPECIFIC

01:15:34

I WOULD LIKE TO KNOW THE PERSON YOU ARE

01:15:38

OF.>> YOU ARE THINKING OF SOMEONE YOU DON'T WANT TO TELL US. WHO DID YOU HAVE A CONVERSATION WITH?

01:15:45

MR. CHAIRMAN, I WOULD LIKE TO MAKE AN EJECTION -- OBJECTION.

01:15:52

THE CLOCK IS PAUSED.>> THIS TOWN IS FULL OF LAW FIRMS AND FULL OF PEOPLE WITH NAMES AND PEOPLE WHO WORK THERE. [ INDISCERNIBLE ]

01:16:28

ON THAT POINT, LAW FIRMS BREAK OFF AND FORM NEW FIRMS LIKE RABBITS. THEY SPUN NEW FARM

01:16:49

THERE IS NO POSSIBLE WAY WE CAN EXPECT THIS WITNESS TO KNOW WHO POPULATES AN ENTIRE FIRM.[ INDISCERNIBLE ]

01:17:02

IF THERE IS A LIST OF NAMES OF THE LAWYERS TO WHOM SHE IS REFERRING, THAT IS FINE BUT IT IS UNFAIR TO SUGGEST THAT ENTIRE LAW FIRM SHOULD BE IMPUTED TO THE WITNESS'S MEMORY WHEN HE DOESN'T KNOW WHO WORKS ...

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01:17:31

THE LAW FIRM.>> MR. CHAIRMAN, WE HAD --

01:17:36

I AM TRYING TO FIGURE OUT WHAT THE RULES ARE HERE BECAUSE WE HAD A VERY LONG DISCUSSION ABOUT WHETHER OR NOT POINTS OF ORDER OR AN ORDER BECAUSE THIS IS A HEARING. WE WERE TOLD THAT ALL OF THE POINTS OF ORDER -- ...

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01:17:55

THERE HAS NEVER BEEN A TIME WHERE SOMEONE HAS MADE AN INQUIRER OF THE CHAIR THAT THE CHAIR IS NOT RECOGNIZED THE

01:18:06

OF ORDER.>> winter Casual REACTION Dress Boutique Kenneth Cole w8qdFxyRYPOINT IS THAT IF THE RULE IS THAT NOBODY ON OUR SITE CAN MAKE A POINT OF ORDER THAN IT OUGHT NOT TO BE APPROPRIATE FOR SENATOR LEE TO START MAKING ONCE OF ORDER AFTER ALL OF OURS WERE SILENCED ON THE BASIS THAT WE WERE IN A HEARING AND NOT IN AN EXECUTIVE SESSION PICK IF WE MOVED OUT OF HEARING AND INTO EXECUTIVE SESSIONS, I WOULD BE MORE THAN HAPPY TO ...

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01:18:35

THE MERE FACT THAT YOUR SPEAKING MEANS THAT YOU HAVE BEEN ALLOWED TO MAKE A POINT OF ORDER. THE MATTER YOU ARE TALKING ABOUT WAS A MOTION OF THE CHAIR THAT SAID IT WAS OUT OF ORDER. IT WOULD REQUIRE US TO BE IN AN EFFECT -- EXECUTIVE SESSION. WE HAVE ELIMINATED TO THAT. ...

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01:18:56

VERY GOOD. THAT IS THE RIGHT RESULT EXPECT

01:18:59

ANSWER THE QUESTION.>> I DON'T KNOW EVERYONE THAT WORKS

01:19:03

THAT LAW FIRM, SENATOR.>> HAVE YOU HAD ANY DISCUSSION WITH ANYONE EVER ABOUT BOB MUELLER AND OR HIS INVESTIGATION?

01:19:16

SO YOU SAID BOB MUELLER OR SPOT -- I USED TO WORK IN THE

01:19:23

HAVE YOU HAD A CONVERSATION ABOUT THE INVESTIGATION?

01:19:28

I AM SURE I TALK TO FELLOW JUDGES PICK

01:19:31

ANYONE ASIDE FROM FELLOW JUDGES?

01:19:32

ABOUT BOB MUELLER?

01:19:35

ABOUT HIS INVESTIGATION PICK I WILL ASK AGAIN. I ASKED JUST A MINUTE AGO. I SURPRISED YOU FORGOT. HAVE YOU HAD THIS CONVERSATION WITH ANYONE ABOUT THE INVESTIGATION THAT BOB MUELLER IS CONDUCTING REGARDING RUSSIA INTERFERENCE WITH OUR ELECTION OR ANY OTHER MATTER? ...

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01:19:54

THE FACT THAT IT IS ONGOING AS A TOPIC IN THE NEWS EVERY DAY , I TALKED TO FELLOW JUDGES ABOUT IT. IT IS IN THE COURTHOUSE AND THE DISTRICT OF COLUMBIA. I GUESS THE ANSWER TO THAT IS YES SAID THE ANSWER IS YES EXPECTED YOU TALK TO ANYONE? ...

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01:20:21

WHO WORKS THERE?

01:20:22

YOU CAN ANSWER THE QUESTION WITHOUT YOU HAVING A LIST OF

01:20:25

THE EMPLOYEES AT THE LAW FIRM.>>

01:20:28

I CAN'T.>> WHY NOT?

01:20:30

I DON'T KNOW WORKS THERE.

01:20:32

THAT IS THE ONLY WAY YOU WOULD KNOW YOU SPOKE WITH? I WANT TO UNDERSTAND YOUR RESPONSE TO MY QUESTION BECAUSE IT IS A VERY DIRECT ONE. DID YOU SPEAK WITH ANYONE ABOUT THE MOTHER INVESTIGATION? ...

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01:20:46

IS A VERY DIRECT QUESTION.>> I WOULD BE SURPRISED BUT I DON'T KNOW EVERYONE WHO WORKS AT THE LAW FIRM. I WANT TO BE CAREFUL BECAUSE YOUR QUESTION WAS AND OR AND I ...

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01:20:58

TO BE THE ROLE.>> I WILL ASK MORE THE REST -- DIRECT

01:21:06

I AM NOT REMEMBERING ANYTHING LIKE THAT BUT I WANT TO KNOW PEOPLE AND

01:21:13

YOU ARE NOT DENYING?

01:21:17

I DON'T REMEMBER ANYTHING

01:21:19

THAT.>> OKAY I WILL MOVE ON. CLEARLY WILL NOT ANSWER THE

01:21:21

WHEN WE MET WE TALKED ABOUT RECENTLY -- Wear winter Wear winter Blazer Boutique Blazer Jones Blazer Jones Jones Wear Boutique winter Boutique winter Boutique Jones qAxHw8CPxRELATIONS AND WHEN YOU AND I MET, I BROUGHT UP THE INCIDENT AND CHARLOTTESVILLE WHERE THERE WAS A RALLY BY WHITE SUPREMACIST THAT LEFT IT WILL -- A YOUNG WOMAN THAT. THE PRESIDENT SAID I THINK THERE IS BLAME ON BOTH SIDES. I THINK THIS WILL BE A SIMPLE QUESTION. DO YOU BELIEVE THERE WAS BLAME ON BOTH SIDES? SENATOR, WE DID TALK AND I ENJOYED OUR MEETING AND TO TALK ABOUT THE HISTORY OF THE COUNTRY AND WE TALKED ABOUT THAT AT SOME LENGTH AND I APPRECIATE IT YOUR OPENING STATEMENT YESTERDAY WHERE YOU TALKED ABOUT YOUR EXPERIENCE. ONE OF THE PRINCIPLES I HAVE ARTICULATED IS THE INDEPENDENCE OF THE JUDICIARY. ...

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01:22:13

I APPRECIATE IT IF YOU

01:22:18

THE QUESTION.>> I TALKED ABOUT THE INDEPENDENCE OF THE JUDICIARY. ONE OF THE THINGS THE JUSTICE -- JUDGES DO IS STAY OUT OF THE CURRENT EVENTS ANDDress Casual Max Studio Boutique winter nAfwqxWwa COMMENTING ON THEM BECAUSE IT RISKS CONFUSION ABOUT WHAT THE ROLE IS. WE ARE JUDGES WHO DECIDE CASES AND DON'T COMMENT ON CURRENT EVENTS. ...

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01:22:44

I ONLY HAVE LIMITED TIME. ARE YOU SAYING THAT IT IS A DIFFICULT QUESTION OR A QUESTION YOU CAN'T ANSWER? WHETHER YOU AGREE WITH THE STATEMENT? WE CAN MOVE ON. THERE WAS SUCH A ROBUST CONVERSATION THAT HAPPENED. WE CAN MOVE ON. HAVE YOU EVER HEARD THE TERM, RACIAL SPOILS SYSTEM? ...

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01:23:54

YES. THAT IS A TERM THAT IS SOMETIMES USED --

01:23:58

YES, I HAVE HEARD THAT TERM.

01:24:04

YOU ONCE WROTE THE TERM IN A WALL STREET JOURNAL PIECE. I WILL TELL YOU, THAT TERM STOOD OUT TO ME, SO I DETERMINED TO LOOK IT UP IN THE DICTIONARY. CAN YOU TELL ME WHAT THE TERM RACIAL SPOILS SYSTEM MEANS TO YOU? ...

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01:24:33

SENATOR, FIRST OF ALL, THE SUPREME COURT AFFIRMED THE POSITION, AN OPINION WRITTEN BY JUSTICE KENNEDY. SECOND OF ALL, THE STATE VOTING RESTRICTION WAS A STATE OFFICE. NOT FOR THE NATIVE HAWAIIAN. ...

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01:24:53

THAT IS NOT WHAT I ASKED YOU. DEFINE THE TERM AS YOU USED IT, WHAT DOES IT MEAN TO YOU?

01:25:01

YOU RAISED THE CASE. THE STATE VOTING RESTRICTION IN THAT CASE DENIED RESIDENTS OF HAWAII THE ABILITY TO VOTE ON THE BASIS OF THEIR RACE. SO, IF YOU WERE LATINO -- ...

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01:25:17

I HEARD YOUR RESPONSE EARLIER AND I APPRECIATE THE POINT YOU MADE THEN. MY QUESTION IS, YOU USED THIS TERM, TWICE. I AM ASKING, WHAT DOES THE TERM MEAN TO YOU? ...

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01:25:32

I AM NOT SURE WHAT I WAS REFERRING TO THEN, TO BE ENTIRELY FRANK. I WOULD HAVE TO SEE THE CONTEXT, BUT WHAT I DO KNOW IS THE SUPREME COURT AGREED WITH THE POSITION ARTICULATED IN THE BRIEF. THE VOTING RESTRICTION WAS FOR A STATE OFFICE AND DENIED PEOPLE THE ABILITY TO VOTE -- ...

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01:25:50

YOU HAVE BEEN VERY FORTHCOMING ABOUT THE AMOUNT OF WORK AND PREPARATION YOU PUT INTO EVERYTHING YOU DO. YOU ARE VERY THOUGHTFUL ABOUT YOUR USE OF YOUR WORDS AND YOUR KNOWLEDGE THAT WORDS MATTER, ESPECIALLY WORDS COMING FROM SOMEONE LIKE YOU. SO I WOULD LIKE TO KNOW WHAT YOU MEANT WHEN YOU USED THAT TERM. ARE YOU AWARE THAT THE TERM IS COMMONLY USED BY WHITE SUPREMACISTS? ...

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01:26:29

WHEN I WROTE THAT THAT WAS 20 YEARS AGO IN THE CONTEXT OF A VOTING RESTRICTION THAT DENIED AFRICAN-AMERICANS AND LATINOS THE ABILITY TO VOTE IN HAWAII. I WAS REPRESENTING A CLIENT WHEN I ARTICULATED THAT. THE ANSWER TO YOUR WESTON IS NO. -- ANSWER TO YOUR QUESTION IS NO. ...

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01:26:58

YOU SHOULD KNOW, THERE WAS A COVER STORY ABOUT WHAT THEY CALLED THE RACIAL SPOILS SYSTEM. THE DOUBLE STANDARD AND CRIME. SENSITIVITY TOWARD THE BLACK DEFICIENCIES AND EVERYTHING ELSE. THE SAME YEAR A SELF PROCLAIMED EURO CENTRIST WROTE, WHILE BLACKS ARE GENERALLY REGARDED AS THE EXPERT IN THE GAME OF SHAKEDOWN, IT IS AMERICAN INDIANS WHO MAY BE THE REAL GENIUSES IN OBTAINING RACIAL SPOILS. WE CAN MOVE ON, BUT MIKE AND -- BUT MY CONCERN IS THIS IS A LOADED TERM. IT COULD BE IMPORTANT THAT SOMEONE WHO COULD VERY POSSIBLY SERVE ON THE UNITED STATES SUPREME COURT WOULD BE AWARE THAT THE USE OF CERTAIN TERMS WOULD HAVE A PROFOUND MEANING, BECAUSE THEY ARE LOADED AND ASSOCIATED WITH A CERTAIN PERSPECTIVE AND SOMETIMES A POLITICAL AGENDA. ...

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01:27:55

I TAKE YOUR POINT. I WOULD POINT OUT THAT HAWAII WAS DENYING LATINOS AND AFRICAN- AMERICANS THE ABILITY TO VOTE IN A STATE ELECTION AT THE TIME, BUT I TAKE YOUR POINT. ...

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01:28:08

DO YOU BELIEVE GRISWOLD AND EISENSTADT WERE CORRECTLY DECIDED?

01:28:16

THOSE CASES FOLLOWED FROM THE SUPREME COURT'S RECOGNITION OF ON ENUMERATED RIGHTS IN THE PEARSON MEYER CASES, EARLIER. WHAT THOSE CASES HELD AS THERE IS A RIGHT OF PRIVACY. ...

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01:28:42

SO I AM ASKING NOT WHAT THE COURT HELD, BUT WHAT YOU BELIEVE.

01:28:47

TO GO BACK TO PEARSON, MEYER, THOSE CASES RECOGNIZED THE RIGHT OF PRIVACY, FAMILY AUTONOMY, UNDER THE LIBERTY CLAUSE, THE DUE PROCESS CLAUSE OF THE...

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01:29:02

I AM ASKING, DO YOU AGREE THAT THOSE CASES WERE RIGHTLY DECIDED?

01:29:08

IN GRISWOLD, I THINK THAT THE CONCURRENCE IS A PERSUASIVE APPLICATION BECAUSE THAT IS SPECIFICALLY ROOTED, THE GRISWOLD RESULT. I THOUGHT THAT WAS A PERSUASIVE OPINION. NO QUARREL WITH THAT. ...

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01:29:27

YOU BELIEVE IT WAS CORRECTLY DECIDED? WORDS MATTER. YOU BELIEVE IT WAS CORRECTLY DECIDED?

01:29:36

I BELIEVE, GIVEN THE OPINIONS, LIKE I SAID, JUSTICE WHITE'S CONCURRENCE WAS A PERSUASIVE APPLICATION. I HAVE NO ORAL WITH IT.

01:29:49

THERE IS A TERM THAT BOTH CHIEF JUSTICE MYERS AND ALITO USED, I BELIEVE, AND AFFIRMED THAT THESE CASES WERE CORRECT. ARE YOU WILLING IN THIS CONFIRMATION HEARING TO AGREE. ...

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01:30:15

THAT IT WAS CORRECTLY DECIDED, THAT'S WHAT THEY SAID.

01:30:18

DO YOU BELIEVE IN THE RIGHT OF PROTECTING A WOMAN'S RIGHT OF CHOICE TO TERMINATE A PREGNANCY.

01:30:27

THAT IS A QUESTION PROTECTED BY ROE V WADE AND FOLLOWING THE LEAD OF THE NOMINEES FOR THE SUPREME COURT, ALL THE JUSTICES OF THE SUPREME COURT HAVEwinter Boutique Dress winter Quillaree winter Dress Boutique Boutique Quillaree Quillaree Cocktail Boutique Cocktail Cocktail Dress winter q4nU7p RECOGNIZED TWO PRINCIPLES THAT ARE IMPORTANT. ONE, WE SHOULDN'T TALK ABOUT CASES OR ISSUES THAT ARE LIKELY TO COME BEFORE THE SUPREME COURT OR COULD COME BEFORE THE SUPREME COURT. SECONDLY, ON PRECEDENTS, HE SAID WE SHOULD NOT GIVE A THUMBS-UP OR A THUMB DOWN. ...

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01:31:01

YOU MADE REFERENCE TO THAT PERSPECTIVE EARLIER. I AM ALSO SURE YOU KNOW THAT JUSTICE GINSBURG SAID, VOTE, ON THIS TOPIC, QUOTE, THIS IS SOMETHINGLeather Hunter Leather Jacket Leather Jacket Wool Hunter Sport Wool Sport Wool IqOwUq THAT IS CENTRAL TO A WOMAN'S LIFE, TO HER DIGNITY. IT IS A DECISION SHE MUST MAKE FOR HERSELF AND WHEN GOVERNMENT CONTROLS THAT DECISION FOR HER, SHE IS BEING TREATED AS LESS THAN A FULLY ADULT HUMAN, RESPONSIBLE FOR HER OWN CHOICES. DO YOU AGREE WITH THAT STATEMENT? ...

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01:31:32

I THINK SHE WAS TALKING ABOUT SOMETHING SHE HAD PREVIOUSLY WRITTEN. THE OTHER SEVEN JUSTICES HAD BEEN ASKED ABOUT THAT AND RESPECTFULLY DECLINED TO ASK ABOUT THAT OR OTHER PREFERENCES, WHETHER IT WAS JUSTICE MARSHALL ABOUT MIRANDA OR CITIZENS UNITED. I WANT TO UNDERSCORE, IT IS ROOTED IN JUDICIAL INDEPENDENCE. ...

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01:31:58

I AM GLAD YOU MENTIONED THAT JUSTICE GINSBURG HAD WRITTEN ABOUT IT BEFORE. YOU ALSO HAVE WRITTEN ABOUT IT. YOU AND JUSTICE GINSBURG ARE QUITE SIMILAR, THAT YOU BOTH HAVE PREVIOUSLY WRITTEN ABOUT ROE. MY QUESTION IS, DO YOU BELIEVE IN HER STATEMENT, OR IN THE ALTERNATIVE, CAN YOU ASK ABOUT WHETHER YOU BELIEVE THE RIGHT FOR PRIVACY PROTECTS A WOMAN'S CHOICE TO TERMINATE A PREGNANCY? ...

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01:32:30

I HAVE NOT ARTICULATED A PRINCIPAL ON THAT. I FEEL DUTY BOUND TO FOLLOW, NONE OF THE SEVEN OTHER JUSTICES , WHEN THEY WERE NOMINEES, HAVE TALKED ABOUT THAT. NOR ABOUT HELLER, NOR ABOUT CITIZENS UNITED, NOR ABOUT LOPEZ VERSUS UNITED STATES. ...

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01:32:54

ESPECIALLY JUDGE, AS IT RELATES TO THIS HEARING, YOU ARE NOT ANSWERING BACK WESTON AND WE CAN MOVE ON. CAN YOU THINK OF ANY LAWS THAT GIVE GOVERNMENT THE POWER TO MAKE DECISIONS ABOUT THE MALE BODY? ...

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01:33:12

I AM HAPPY TO ANSWER A MORE SPECIFIC QUESTION.

01:33:16

MALE VERSUS FEMALE.

01:33:19

THERE ARE MEDICAL PROCEDURES.

01:33:22

THAT THE BODY HAS THE POWER TO MAKE A DECISION ABOUT A MAN'S BODY? I WILL REPEAT THE QUESTION. CAN YOU THINK OF ANY LAWS THAT GIVES THE GOVERNMENT THE POWER TO MAKE DECISIONS ABOUT THE EMAIL BODY. ...

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01:33:40

I AM NOT THINKING OF ANY RIGHT NOW.

01:33:43

WHEN REFERRING TO CASES OF SETTLED LAW, YOU HAVE TALKED ABOUT PRECEDENT. A NUMBER OF TIMES TODAY, DURING THE COURSE OF THE HEARING. AS A FACTUAL MATTER, CAN SUPREME COURT JUSTICES TURN OVER ANY PRECEDENT AT ANY TIME IF IT COMES BEFORE THEM ON THAT ISSUE? ...

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01:34:06

PRECEDENT IS ROOTED IN THE CONSTITUTION --

01:34:15

I KNOW, BUT AS A PRACTICAL MATTER, FIVE JUSTICES CAN OVERTURN ANY PRECEDENT, WOULDN'T YOU AGREE?

01:34:20

THERE IS A REASON THE SUPREME COURT DOESN'T DO THAT.

01:34:24

WOULD YOU AGREE IT CAN DO THAT?

01:34:26

IT HAS OVERRULED A NUMBER OF TIMES IN OUR HISTORY.

01:34:32

WE BOTH AGREE THE COURT HAS AND CAN DO IT.

01:34:39

THERE ARE TIMES, BUT THERE ARE A SERIES OF IMPORTANT CONDITIONS THAT ARE APPLIED THAT MAKE IT RARE. THE SYSTEM IS NOT A MATTER OF POLICY TO BE DISCARDED...

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01:34:48

BUT THERE IS NOTHING, YOU AND I AGREE, THAT PREVENTS THE COURT FROM DOING IT. IF I MAY FINISH. THE COURT IS NOT PROHIBITED FROM OVERRULING OR OVERTURNING PRECEDENT, NO MATTER WHAT THE STEPS ARE THAT THE COURT MUST TAKE. THE COURT MAY OVERRULE PRECEDENT. SO MY QUESTION IS ALSO, DO YOU BELIEVE THAT THIS CAN HAPPEN, NO MATTER HOW LONG THE PRECEDENT HAS BEEN ON THE BOOKS. FOR EXAMPLE, THERE IS NO STATUTE OF LIMITATIONS DURING WHICH AFTER THAT STATUTE OF LIMITATIONS HAS PASSED, THE COURT CANNOT TOUCH PRECEDENT, DO YOU AGREE? ...

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01:35:27

FOR EXAMPLE, THE SUPREME COURT OVERTURNED THE CASE THAT ALLOWED THE INTERNMENT DURING WORLD WAR II OF JAPANESE- AMERICANS AND THE SUPREME COURT THIS...

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01:35:53

BUT YOU AGREE THERE IS NO STATUTE OF LIMITATIONS. THE COURT CAN GO BACK AS FAR AS IT WANTED, IF IT BELIEVES IT IS WARRANTED.

01:36:04

I WOULD SAY THERE IS A SERIES OF CONDITIONS AND THE PRECEDENT, AS THE SUPREME COURT HAS ARTICULATED, DOES ADD TO THE FORCE OF THE PRESIDENT AND MAKE IT AN EVEN MORE RARE CIRCUMSTANCE WHERE THE COURT WOULD DISTURB A PRECEDENT. ...

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01:36:26

THANK YOU. I HAVE A COUPLE OF QUESTIONS ABOUT VOTER SUPPRESSION. OUR HISTORY IS LITTERED WITH SHAMEFUL ATTEMPTS TO DENY VOTER RIGHTS FOR COMMUNITIES OF COLOR. FOR 50 YEARS, THE VOTER RIGHTS ACT PROTECTED AGAINST RACIAL DISCRIMINATION IN VOTING. I KNOW YOU HAD THIS CONVERSATION WITH MY COLLEAGUE, SENATOR BOOKER. UNDER THE ACT, AND SAYS THAT HAD TO OBTAIN PERMISSION TO CHANGE VOTER LAWS. I KNOW YOU ARE FAMILIAR WITH THAT. THEN THE COURT GUTTED THE ACT. THE MAJORITY BELIEVED THAT THE REQUIREMENT HAD OUTLIVED ITS USEFULNESS. ESSENTIALLY SAYING THAT THE THREAT OF RACE RELATED VOTER SUPPRESSION HAD DIMINISHED. MY QUESTION IS, ARE YOU AWARE THAT WITHIN WEEKS OF THE SUPREME COURT RULING, REPUBLICAN LEGISLATURES -- LEGISLATORS RUSHED Casual Leisure Club winter Monaco Skirt qttrXFnOwA LIST OF LAWS THAT DISENFRANCHISED -- ARE YOU AWARE OF THAT? ...

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01:37:45

I BELIEVE THE SUPREME COURT'S CONCERN WAS WITH THE FORMULA THAT WAS USED. I DO NOT BELIEVE THE COURT SAID THAT CONGRESS WAS PRESCRIBED FROM GOING BACK AND REDOING THE FORMULA. SO ON THE OUTLIVED ITS USEFULNESS, I AM JUST DESCRIBING IT, NOT SAYING I AGREE OR DISAGREE. THE FORMULA HAD BEEN UPDATED TO REFLECT CURRENT CONDITIONS, BUT IT WAS NOT PRECLUDED IF CONGRESS WENT BACK AND ADJUSTED THE FORMULA AND STUDIED CURRENT CONDITIONS. ...

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01:38:21

ARE YOU AWARE, AS IT RELATES AGAIN TO THAT NORTH CAROLINA ACTION, THAT THE FEDERAL COURT OF APPEAL LATER HELD THAT THESE RESTRICTIONS INTENTIONALLY DISCRIMINATED AGAINST AFRICAN- AMERICAN VOTERS, TARGETING THEM, THESE ARE THE WORDS OF THE COURT, WITH ALMOST SURGICAL PRECISION. ARE YOU AWARE OF THAT RULING? ...

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01:38:43

WHEN WAS THAT DECISION?

01:38:47

A FEW YEARS AGO.

01:38:49

I AM AWARE THERE HAS BEEN A LOT OF VOTER I.D. LEGISLATION IN NORTH CAROLINA IN PARTICULAR OVER THE LAST SEVERAL YEARS, SO I AM GENERALLY AWARE.

01:39:04

ARE YOU AWARE THAT REPUBLICANS IN TEXAS, ALABAMA, MISSISSIPPI, GEORGIA AND FLORIDA HAVE ALL ENACTED PROPOSITIONS DISENFRANCHISING MINORITY VOTERS?...

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01:39:15

I AM NOT AWARE OF THE SPECIFICS OF ALL OF THAT, BUT I DO FOLLOW ELECTION LAW BLOGS AND UPDATES TO KEEP GENERALLY AWARE OF DEVELOPMENTS IN THE ELECTION LAW AREA, IT IS AN AREA THAT -- ...

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01:39:32

WOULDN'T YOU AGREE THAT IT IS TROUBLING. TO CLOSE MORE THAN TWO THIRDS OF POLLING PLACES -- WOULD YOU AGREE THAT IS TROUBLING?

01:39:56

WHAT I TRIED TO MAKE CLEAR IS THAT THE REALITY OF RACIAL DISCRIMINATION IN AMERICA EXISTS. EFFORTS TO LOOK FOR DISCRIMINATORY INTENT OR DISCRIMINATORY EFFECTS, THERE CAN ALWAYS BE EVIDENCE OF INTENT. ...

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01:40:25

ARE YOU AWARE THAT WHAT WAS PRESENTED IN TERMS OF STATES WILLINGNESS TO RESTRICT THE RIGHT TO VOTE --

01:40:34

I DON'T WANT TO COMMENT

01:40:49

IT DID SAY CONGRESS CAN ADJUST THE FORMULA. I DON'T THINK CONGRESS HAS DONE SO.

01:40:56

THERE WILL HAVE TO BE SOME RECOURSE FOR VOTERS IN THESE VARIOUS STATES. IT GIVES THEM EQUAL ACCESS, OTHERWISE WE ARE LOOKING AT WIDESPREAD DISENFRANCHISEMENT, WOULDN'T YOU AGREE? IF CONGRESS DOESN'T ACT? ...

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01:41:20

THERE IS STILL SECTION 2 OF THE VOTING RIGHTS ACT WHICH ALLOWS LEGISLATION TO CHALLENGE VOTING RESTRICTIONS --

01:41:33

YOU BELIEVE THAT SECTION 2 IS CONSTITUTIONAL?

01:41:36

I BELIEVE THAT IS ASKING ME A HYPOTHETICAL -- AS A GENERAL MATTER I DON'T WANT TO PRE- COMMIT ON ANY STATUE. IF THERE IS A CHALLENGE I WILL LISTEN TO THE ARGUMENT. THE VOTING'S RIGHT -- THE VOTING RIGHTS ACT, THE HISTORY IS WELL KNOWN. THE VOTING RATES BEFORE THE ACT WERE ABYSMAL, BECAUSE OF DISCRIMINATORY RESTRICTIONS IN PLACE. THE IMMEDIATE EFFECT OF THE VOTING RIGHTS ACT OF 1965 WAS ENORMOUS AND IS VERY IMPORTANT FOR PEOPLE TO UNDERSTAND. ...

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01:42:26

I AGREE. IN FACT, TO THAT POINT, IN HIS CONFIRMATION HEARING IN 2005, CHIEF JUSTICE ROBERTS SAID, I HAVE NO BASIS, AND I DON'T. YOU AGREE THAT IT IS NOT CONSTITUTIONALLY SUSPECT OR DO YOU HAVE A DIFFERENT VIEW? ...

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01:42:50

I DON'T HAVE ANY BASIS FOR VIEWING IT THAT WAY EITHER. I JUST WANT TO BE CAREFUL, BECAUSE I DON'T KNOW WHAT ARGUMENTS WOULD COME UP AND I WANT TO MAKE SURE I HAVE PRESERVED THE JUDICIAL INDEPENDENCE, BUT I AGREE I HAVE NO BASIS. ...

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01:43:05

AFTER THE PRESIDENT NOMINATED YOU TO THE SUPREME COURT, IT WAS THE ONLY CHANCE BEFORE HE NOW TO INTRODUCE YOURSELF TO THE AMERICAN PEOPLE. YOU STOOD IN THE WHITE HOUSE AND THANKED THE PRESIDENT FOR YOUR NOMINATION AND THEN YOU SAID, NO PRESIDENT HAS EVER CONSULTED MORE WIDELY OR TALKED WITH MORE PEOPLE FROM MORE BACKGROUNDS TO SEEK INPUT ABOUT A SUPREME COURT End Lands' winter Leisure Casual Pants waYxqEBY MY COUNT, THERE HAVE BEEN 163 NOMINATIONS TO THE SUPREME COURT. SO, UNLESS YOU HAVE PERSONAL KNOWLEDGE ABOUT EVERY ONE OF THESE NOMINATIONS BEFORE YOURS, INCLUDING WHO THOSE PRESIDENTS CONSULTED WITH AND TALKED TO, AND I CAN'T IMAGINE YOU HAVE THAT PERSONAL KNOWLEDGE, MY QUESTION IS, DID SOMEONE TELL YOU TO SAY THAT? ...

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01:44:04

NO ONE TOLD ME TO SAY THAT. THEY WERE BASED ON MY OWN WORDS, IN TERMS OF THINKING ABOUT WHAT WAS POSSIBLE BEFORE CELL PHONES AND PHONES AND THINKING ABOUT THE HISTORY. I KNOW SOME OF THE HISTORY OF SUPREME COURT NOMINATIONS AND I KNOW IN THAT 12 DAY PERIOD THAT PRESIDENT TRUMP TALKED TO AN ENORMOUS NUMBER OF PEOPLE. I THINK PRESIDENT CLINTON, WHEN I LOOK BACK ON IT, PRESIDENT CLINTON HAD A CONSULTATION PROCESS THAT WAS VERY WIDE, AS WELL. BUT THAT WAS MY ANALYSIS OF THE SITUATION. THOSE WERE MY WORDS. ENTIRELY MY WORDS. I THOUGHT IT WAS IMPORTANT TO POINT OUT, BECAUSE I WAS, AS I SAID YESTERDAY, I WAS IMPRESSED BY THE THOROUGHNESS OF THE PROCESS AND I SAID AS MUCH YESTERDAY AND I SAID AS MUCH IN THIS ROOM, THAT THE 12 DAY PROCESS, IT SEEMED TO ME, WAS A THOROUGH PROCESS. ...

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01:45:08

I WILL FOLLOW UP WITH SOME QUESTIONS FOR THE RECORD WITH YOU. THANK YOU.

01:45:11

JUDGE KAVANAUGH, WE STARTED THIS ABOUT 12 1/2 HOURS AGO. I AM AMAZED YOU ARE ABLE TO CONTINUE TO RESPOND AND COMPOSE YOURSELF THE WAY YOU HAVE. IBoutique winter Shrug Boutique Ralph Lauren winter vUBRqWn5 AM GOING TO COVER A COUPLE OF THINGS AND TRY TO KEEP MY COMMENT LIMITED, SO WE CAN HOPEFULLY GET YOU A DECENT NIGHTS SLEEP. YOU WERE ASKED QUESTIONS ABOUT AN EMAIL CHAIN YOU WERE INVOLVED IN. YOU DIDN'T GET AN OPPORTUNITY TO SEE THEM. YOU HAD NOT SEEN THEM BEFORE. I DID NOT, EITHER. WHEN I HEARD THEM READ TO, I THOUGHT THEY WERE BEING PRESENTED AS YOUR WORDS. THEN COME TO FIND OUT, BECAUSE YOU DISCREETLY ASKED A QUESTION, I FOUND OUT THEY WERE SOMEONE ELSE'S WORDS. I LOOKED INTO READING THEM. THERE IS A REASON YOU DON'T HAVE THEM AND THAT IS BECAUSE THEY ARE MARKED COMMITTEE CONFIDENTIAL. WHEN THE GENTLEMAN FROM NEW JERSEY WAS SPEAKING, WE SAID WE WOULD LOOK HARD TO MAKE SURE THOSE DOCUMENTS WERE CLEARED. I WOULD ALSO POINT OUT THOSE DOCUMENTS WERE MADE AVAILABLE TO ANYONE ON THIS COMMITTEE, ANY STAFF WHO SUPPORTS ANYONE ON THIS COMMITTEE, ON AUGUST 22. THE LAST CONFIRMATION PROCESS, SENATOR FEINSTEIN AVAILED HERSELF OF THAT COURTESY TO LOOK AT DOCUMENTS AND HAVE THEM CLEARED. IN THIS CONFIRMATION HEARING, SENATOR KLOBUCHAR DID THE SAME THING. THE REASON IT IS IMPORTANT TO HONOR THE CONFIDENTIALITY REQUIREMENTS IS BECAUSE THE DOCUMENTS WERE PROVIDED UNDER THE PRESIDENTIAL RECORD ACT. WE'RE GOING TO TRY TO GO BACK AND CLEAR THESE DOCUMENTS. I WOULD ENCOURAGE MY COLLEAGUES, IF YOU HAVEN'T TAKEN THE TIME TO GO THROUGH, PLEASE DO SO, BEFORE YOU DISCLOSE SUCH INFORMATION BEFORE THIS HEARING. SO WE WILL SEE WHETHER OR NOT THAT INFORMATION IS MADE AVAILABLE. I ALSO WANT TO GO BACK FOR A MINUTE. YOU CAN TAKE A BREAK AND DRINK SOME WATER, BECAUSE I DON'T EXPECT YOU TO RESPOND TO ANY OF THIS. I AM GOING TO GET TO A COUPLE OF QUESTIONS. YOU ARE ASKED ABOUT JUDGE KRASINSKI, BUT YOU WEREN'T ALLOWED TO ANSWER. I AM NOT GOING TO ASK YOU ABOUT ANY OF THEM RIGHT NOW, BUT I WANT TO LAY THE GROUNDWORK FOR WHERE WE CAN GO WITH QUESTIONS TOMORROW. IT HAS GIVEN ME SOME FOOD FOR THOUGHT. YOU KNOW, IT IS ONE THING FOR THE PEOPLE IN THE BACK TO SPEAK OVER YOU AND MAKE IT DIFFICULT TO HEAR, BUT I FIND IT PARTICULARLY INSULTING WHEN MEMBERS HERE ASK YOU QUESTIONS OF WHAT I CONSIDER TO BE AN INCENDIARY NATURE AND NEVER GIVE YOU A CHANCE TO RESPOND. I WILL ASK YOU THIS. ARE YOU JUDGE KRASINSKI? ...

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01:48:21

NO.

01:48:22

OKAY, BECAUSE ALL OF THIS IS ABOUT SOMEBODY ELSE'S BEHAVIOR FOR WHO YOU CLERKED 20 YEARS AGO. YOU DON'T EVEN HAVE TO ANSWER. MY COLLEAGUES ARE ARGUING THAT BECAUSE YOU CLERKED WITH HIM, YOU KNEW ALL ABOUT HIM. THIS IS INTERESTING TO ME. IT TURNS OUT YOU ARE NOT THE ONLY JUDGE WE CONSIDERED THAT WORKED FOR JUDGE KRASINSKI. PRESIDENT OBAMA NOMINATED PAUL WATFORD. ON THE NINTH CIRCUIT. HUGH -- HE CLERKED FOR JUDGE KRASINSKI. AS A MATTER OF FACT, JUDGE WATFORD, I BELIEVE, WORKED WITH JUDGE KRASINSKI ON THE NINTH CIRCUIT COURT FOR ABOUT 5 1/2 YEARS. I DON'T WANT YOU TO RESPOND TO THIS, EITHER, BUT IF WE ARE GOING TO ASK SOMEONE WHO CLERKED FOR A JUDGE 27 YEARS AGO , THEN PERHAPS I WOULD LIKE TO GET LETTERS OF -- LETTERS FROM MEMBERS OF THE SENATE HERE WHO SHOULD PERHAPS SEND LETTERS TO JUDGE WATFORD AND ASK THE SAME QUESTION. I THINK WE HAVE A DOUBLE STANDARD GOING ON HERE. WE HAVE A MEMBER OF THE U.S. SENATE FACED WITH ALLEGATIONS FOR SEXUAL HARASSMENT. WHEN THOSE ALLEGATIONS SURFACED, THEY INCLUDED PHOTOGRAPHS. IN TERMS OF THE BEHAVIOR IN QUESTION. WHEN REPORTERS ASKED MEMBERS ABOUT THEIR THOUGHTS ON THAT AND WHETHER OR NOT THE MEMBERS SHOULD RESIGN, THEY SAID THAT IS NOT A DISTRACTION WE SHOULD BE DEALING WITH HERE IN THE SENATE. I FEEL LIKE TOMORROW, IF WE GO DOWN THIS PATH, WE SHOULD BE PREPARED TO MAKE SURE THAT WE FULLY EXPLORE THE DOUBLE STANDARD AND PERHAPS THE QUESTIONS WE SHOULD HAVE FOR OTHER PEOPLE WHO WORKED WITH JUDGE KOZINSKI. I WANT YOU TO GO BACK VERY QUICKLY. THE THING YOU HAVE SAID MULTIPLE TIMES I THINK IS IMPORTANT. WE HAVE HAD A NUMBER OF DISCUSSIONS ABOUT THE VOTING RIGHTS ACT AND DENYING VARIOUS PEOPLE THE RIGHT TO VOTE. IN THIS CASE, THIS CASE WAS ABOUT POTENTIALLY DENYING PEOPLE IN THE STATE OF HAWAII THOUGH RIGHT TO VOTE, BASED ON THEIR ETHNICITY. LATINOS, AFRICAN AMERICANS, ASIAN AMERICANS. CAN YOU TELL ME MORE ABOUT THAT AND BE BRIEF. BE BRIEF, SO I CAN YIELD BACK SOME OF MY TIME. ...

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01:51:01

IT WAS THE OFFICE OF HAWAIIAN AFFAIRS. IT WAS A STATE OFFICE AND THEY RESTRICTED VOTING IN THAT OFFICE AND DENIED VOTING TO PEOPLE WHO ARE RESIDENTS AND CITIZENS OF HAWAII, BUT NOT OF THE CORRECT RACE. THEREFORE, AFRICAN-AMERICANS AND LATINOS AND WHITES IN HAWAII WERE BARRED FROM VOTING FOR THAT OFFICE. THE SUPREME COURT HELD THAT THAT WAS A STRAIGHTFORWARD VIOLATION, BY A 7-2 MAJORITY WRITTEN BY JUSTICE KENNEDY. ...

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01:51:40

OKAY, I WANT TO GET TO ONE THING THAT YOU MAY HAVE TO DO SOME DAMAGE REPAIR ON. YESTERDAY WHEN YOU INTRODUCED MARGARET AND LIZA, YOU SAID EVERY NIGHT SHE GIVES YOU A HUG, THE BEST HUGS IN THE WORLD. TODAY YOU MENTIONED TO SENATOR GRAHAM, THAT MARGARET CAME DOWN AND GAVE YOU A SECOND HUG. I WONDERED IF THAT IS ONE OF THOSE THINGS WHERE SHE IS TRYING TO MAKE UP -- ...

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01:52:11

IT IS POSSIBLE. MARGARET IS 13 NOW AND WHEN YOU ARE 13, THE HUGS ARE FEW AND FAR BETWEEN. BUT SHE CAME DOWN LAST NIGHT AND IT WAS VERY NICE. SHE GAVE ME A SPECIAL EXTRA HUG. ...

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01:52:33

WE HAD PEOPLE TALKING ABOUT YOU BEING AN ADVOCATE FOR BIG BUSINESS, FOR THE RICH. YOU ARE SOMEONE WHO WOULD BE BEHOLDEN TO YOUR BOSS OR AT LEAST THE PERSON WHO NOMINATED YOU. I WANT TO TALK ABOUT SOME THINGS THAT HAVE BEEN DISCUSSED AND BEAR REPEATING. I WAS IN THE WHITE HOUSE WHEN THE PRESIDENT ANNOUNCED YOUR NOMINATION. THE FIRST DAY THAT YOU HAD WITH YOUR WIFE ASHLEY WAS ON SEPTEMBER 10. 2001. WE KNOW WHAT HAPPENED THE NEXT DAY. ...

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01:53:13

YES.

01:53:16

AND ALL THE TERRIBLE EVENTS YOU HAD TO DEAL WITH, INCLUDING YOUR PRESIDENT TO CAME IN THE OFFICE AND SAID THIS COULD NEVER HAPPEN AGAIN.

01:53:32

YOU MOVE FORWARD. YOU HAD PERSONALLY EXPERIENCED AN EVACUATION IN A BUILDING YOU THOUGHT MIGHT BE AT RISK. YOU WORKED WITH A PRESIDENT WAS PERSONALLY VERY MUCH INVESTED IN TRYING TO PROTECT THE AMERICAN PEOPLE. THEN YOU HAD THIS CASE. IN THIS PARTICULAR CASE, TELL ME WHAT YOU DID. ...

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01:54:00

THE CASE INVOLVES AN ASSOCIATE OF OSAMA BIN LADEN. THE CASE CAME TO US THROUGH A MILITARY COMMISSION CONVICTION. THE QUESTION WAS WHETHER IT VIOLATED EX POST FACTO PRINCIPLES, WHICH MEANS WHEN YOU ARE CONVICTED OF SOMETHING THAT WAS NOT A LAW IN PLACE AT THE TIME YOU COMMITTED THE ACT. ...

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01:54:27

I READ YOUR OPINION.

01:54:28

THAT IT WAS A VIOLATION. SO WE REVERSED THE CONVICTION. I WROTE THE MAJORITY OPINION IN THAT CASE.

01:54:35

I MENTIONED YESTERDAY THERE WERE A COUPLE CASES I DID NOT LIKE HOW YOU RULED, BUT YOU DID IT FOR THE RIGHT REASONS. THERE IS ANOTHER ONE. TELL US ABOUT THAT ONE, THEY PROMOTE ABORTION RIGHTS AND PRO- CHOICE CANDIDATES. I WENT ON THEIR WEBSITE TODAY TO CONFIRM THAT IS OUT THERE. TELL US WHAT YOU DID ON THAT CASE. ...

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01:54:58

THEY WERE CHALLENGING A FEDERAL ELECTION COMMISSION REGULATION THAT LIMITED HOW MUCH MONEY THEY COULD RAISE AND HOW THEY COULD RAISE IT AND I WROTE THE OPINION INVALIDATED THOSE RESTRICTIONS AND I WROTE THE RULING IN FAVOR OF EMILY'S LIST IN THAT CASE. ...

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01:55:24

ANOTHER ONE I FIND INTERESTING THAT I DIDN'T LIKE, BUT UNDERSTAND WHY YOU DID IT, THE REPUBLICAN NATIONAL COMMITTEE VERSUS THE FEC.

01:55:29

THE REPUBLICAN NATIONAL COMMITTEE WAS CHALLENGING SOME RESTRICTIONS ON FUNDRAISING TO THE PARTY AND PARTY COMMITTEES, IN THE WAKE OF CITIZENS UNITED, ARGUING THAT CERTAIN ASPECTS WERE NO LONGER GOOD LAW. I WROTE THE OPINION REJECTING THAT CHALLENGE AND RULING FOR THE FEDERAL ELECTION COMMISSION AGAINST THE REPUBLICAN NATIONAL COMMITTEE IN THAT CASE. ...

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01:55:58

I WANT TO GO BACK TO ANOTHER ONE. THAT WAS ADAMS VERSUS RIGHT. TELL ME ABOUT THAT CASE.

01:56:09

THAT WAS A DISCRIMINATION CASE INVOLVING SOMEONE WHO HAD BREAST CANCER IN THE PAST AND WAS DISCRIMINATED AGAINST AT HER JOB, ON THAT BASIS. JOINED AN OPINION, RULING THAT THAT WAS UNLAWFUL DISCRIMINATION. RULED AGAINST THE GOVERNMENT, IN THAT CASE, THE SECRETARY OF STATE IN HER OFFICIAL CAPACITY, BUT THE GOVERNMENT IN THAT CASE, RULED AGAINST THEM. ...

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01:56:42

AND SOME PEOPLE SAY YOU ARE FOR BIG CORPORATIONS. TELL ME A LITTLE BIT ABOUT STEVENS VERSUS US AIRWAYS.

01:56:47

THAT IS A CASE WHERE I WROTE IN FAVOR OF RETIRED AIRLINES -- Casual winter amp;M H Dress Boutique 4xBq8HxPILOTS WHO WERE IN A DISPUTE OVER COMPENSATION WITH US AIRWAYS AND I WROTE AN OPINION FAVORING THE PILOTS AND THE LITIGATION AGAINST US AIRWAYS. ...

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01:57:07

IF WE GO FURTHER, I THINK YOU ALREADY COVERED U.S. VERSUS NEW WAVE, SO I WON'T GO THERE, BUT THERE MAY BE ONE OR TWO THAT I WILL ASK YOU ABOUT. TELL ME A LITTLE BIT ABOUT YOUR ENVIRONMENTAL CASES. ...

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01:57:24

IT WAS A CASE ABOUT CALIFORNIA AIR QUALITY REGULATIONS. THE ARGUMENT WAS THAT THAT REGULATION WAS NOT PERMISSIBLE UNDER FEDERAL LAW. IN ESSENCE, I AM SIMPLIFYING, BUT IN ESSENCE, PREEMPTED. I WROTE THE MAJORITY OPINION REJECTING THE INDUSTRY CHALLENGE IN THAT CASE, WHICH ALLOWED THE CALIFORNIA LAW TO STAY IN EFFECT. THERE WAS A DISSENTING OPINION IN THAT CASE THAT WOULD HAVE INVALIDATED THE CALIFORNIA LEGISLATION. I WROTE THE MAJORITY OPINION, SUSTAINING IT. ...

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01:58:02

THERE ARE OTHER PEOPLE. THERE ARE PEOPLE HERE WHO SUGGESTED YOU ARE SOMEHOW UNFRIENDLY TO THE LGBTQ COMMUNITY. IF MY INFORMATION IS CORRECT, AS EARLYLeisure Club winter Leisure Charter Sweatpants winter OZFSqS AS 2003, YOU PARTICIPATED IN A MEETING WITH SOME 200 MEMBERS OF LOG CABIN REPUBLICANS, TO SOLICIT THEIR FEEDBACK. I WAS JUST CURIOUS IF YOU HAVE ANY RECOLLECTION OF THAT MEETING AND REALLY WHAT PROMPTED YOU TO GO. ...

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01:58:39

AS A MEMBER OF THE ADMINISTRATION WORKING IN THE WHITE HOUSE COUNSEL OFFICE ON JUDICIAL NOMINATIONS IN PARTICULAR, BUT ON OTHER ISSUES, AS WELL, WE WOULD HAVE OUTREACH TO GROUPS. ONE GROUP WAS THE LOG CABIN REPUBLICANS AND I WENT AND SPOKE TO THEM AS A REPRESENTATIVE OF THE BUSH WHITE HOUSE TO TALK ABOUT JUDICIAL NOMINATIONS. I CAN'T REMEMBER ALL OF THE SPECIFICS. I MIGHT'VE TALKED ABOUT SOME OTHER BUSH ADMINISTRATION INITIATIVES AND RECEIVED FEEDBACK ON THAT. I DO RECALL THAT. ...

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01:59:19

I ALSO THINK IT IS INTERESTING AGAIN, BECAUSE SOME PEOPLE HAVEN'T GIVEN YOU A CHANCE TO ANSWER THE QUESTION, BUT SUGGESTED YOU BE UNFRIENDLY TO THE LGBTQ COMMUNITY. THE HUMAN RIGHTS CAMPAIGN ULTIMATELY PUT A STATEMENT OUT THAT SAID, IN FACT, YOU HAVE NEVER BEEN INVOLVED IN ANY LEGISLATION INVOLVING LGBTQ ISSUES, IS THAT CORRECT? ...

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01:59:47

I DON'T BELIEVE I HAVE BEEN IN ANY CASES --

01:59:48

THEY MADE IT VERY CLEAR THAT YOU HAVE NOT BEEN INVOLVED IN ANY OF THEM.

01:59:57

THOSE CASES WERE NOT THROUGH OUR COURT AND I AM NOT REMEMBERING ANY SPECIFIC CASES AS A JUDGE THAT I HAVE HAD, INVOLVING THOSE ISSUES.

02:00:07

I WOULD HOPE THAT IF IT COMES UP TOMORROW, THAT PERHAPS THEY FOUND SOME EVIDENCE THAT YOU HAVE, BECAUSE WE HAVEN'T. SO I WILL TRY TO DO WHAT I DIDwinter Cardigan Boutique Bean L L zff7wxv YESTERDAY AND BE THE MEMBER WHO SPOKE THE LEAST, BUT I AM GOING TO DO SOMETHING A LITTLE BIT DIFFERENT, BECAUSE I FOUND OUT I CAN. I AM NOT GOING TO YIELD BACK MY TIME, I AM GOING TO POTENTIALLY RESERVE IT FOR TOMORROW. I WILL PROBABLY BE GOING LAST AND I PROBABLY WILL NOT. I JUST WANT TO, AGAIN, THANK YOU FOR BEING HERE. I WANT TO PARTICULARLY THANK THE PEOPLE SITTING IN THE CHAIRS. YOU HAVE THE MOST UNCOMFORTABLE POSITION IN THE CHAMBER. YOU HAVE A FAR MORE COMFORTABLE CHAIR THEN ALL THE PEOPLE SITTING BEHIND YOU AND I AM SURE THEY ARE READY TO GET UP. WE APPRECIATE YOU BEING HERE. I HAVE SOME WRAP UP COMMENTS. I WANT TO THINK MEMBERS ON BOTH SIDES OF THE AISLE, BECAUSE CONSISTENT WITH MY OLD SPEAKER SELF, I HAVE BEEN KEEPING A RUNNING TOTAL ON HOW MANY PEOPLE WENT OVER AND HOW MUCH TIME. THEY DID AN EXTRAORDINARY JOB. I WILL ADD, TECHNICALLY SPEAKING, YOU YIELDED BACK TIME, ABOUT THREE SECONDS, IF YOU WANT TO BRING THAT IN TOMORROW. BUT I THINK IT WAS A DIFFERENCE IN TERMS OF WHAT WE SAW HERE AND I THINK IT IS THE RIGHT WAY TO RUN THESE COMMITTEES. JUDGE CAVANAGH, I WANT TO THANK YOU, FOR YOUR PATIENCE AND STAMINA. THE GOOD NEWS IS, YOU ARE MORE THAN HALFWAY DONE. THESE ARE 30 MINUTE ROUNDS, TOMORROW WILL BE 20 MINUTE ROUNDS AND I SUSPECT THE CHAIR WILL ASK MEMBERS TO STAY WITHIN THEIR TIME LIMITS. WE WILL BE BACK HERE TOMORROW MORNING AT 9:30 AM. FOR THE INFORMATION OF ALL MEMBERS, WE WILL STAND IN RECESS AND RECONVENE TOMORROW MORNING AT 9:30 AM FOR THE 20 MINUTE ROUND. THANK YOU. ...

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02:02:10

YOU CAN WATCH TODAY'S CONFIRMATION HEARING ON C-SPAN2 TONIGHT AND ANYTIME ON C- SPAN.ORG. AND MORE LIFE COVERAGE TOMORROW AS MEMBERS OF THE JUDICIARY COMMITTEE CONTINUE TO QUESTION SUPREME COURT NOMINEE BRETT KAVANAUGH, STARTING IN THE MORNING AT 9:30 AM EASTERN. ...

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02:04:40

COMING UP TONIGHT ON C- SPAN3, PRIME MINISTER'S QUESTION TIME IN THE BRITISH HOUSE OF COMMONS. THEN A STATEMENT FROM THE PRIME MINISTER ON RECENT NERVE AGENT ATTACKS. AFTER THAT, THE NAACP HOLDS A TOWN HALL ON ISSUES AFFECTING THE LGBTQ COMMUNITY. ...

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