the court in heller, the supreme court, upheld -- or struck down a d.c. ban on handguns, mostly which are semiautomatic. >> let me interrupt you because i think we're on totally different wavelengths. i'm talking about your statement on common use, as common use being a justification, and assault weapons are not in common use. >> in justice scalia's opinion, to use that phrase, i think the next sentence of the opinion talked about dangerous and unusual weapons, and the court in heller itself, the supreme court, struck down a d.c. ban on handguns. now, most handguns are semiautomatic. that's something that not everyone appreciates. most handguns are semiautomatic. the question came before us of semiautomatic rifles, and the question was, can you distinguish, as a matter of precedent -- again, this is all about presence dent fcedent for. i'm trying to read what the supreme court says, and if you read the mcdonald case, i concluded that it could not be distinguished as a rule of law semiautomatic handguns. and semiautomatic rifles are widely possessed in the

but the supreme court in heller struck down the d.c. ban on handguns most of which are semi automatic. >> let me interrupt you.dg i think we're on on totally different wavelength i'm talking about your statement on common use as a justification and assault weapons are not in common use. >> with justice scalia's opinion that use that phrase the next sentence talks about dangerous and unusual weapons. . . . . semiautomatic rifles are widely processed in the united states. there are millions and millions and millions of semiautomaticth rifles that are possessed, so that seems to fit common units and being a dangerous and unusual laughing. i was the the basis of my dissent. in a nutshell, the basis of my dissent was i was trying to follows her clean carefully to supreme court precedent. >> you are saying the numbers determine common use? common use is an activity. it is not common storage orse possession. it is used. so what you said was that these weapons are commonly used. they are not. >> fairway the possessed in the united states, senat

no, i think dean heller realized that he needed president trump.d him. one of the things, though, that dean heller did, talking about kavanaugh, he made an offhanded remark, calling what's going on right now with kavanaugh and the accusations as a hiccup. he happens to be running against a woman who is a sitting member of congress, and you can't make mistakes like that in this election environment. so he also made it harder for himself, both by saying -- by that gaffe, and by cozying up to president trump. >> we're just hours away from a debate between texas republican senator, ted cruz, and his democratic opponent, congressman o'rourke. this race just labeled a tossup. i've been hearing since republicans took texas that it's going to go back to blue any day now. i'm very skeptical of it. do you think ted cruz is actually in trouble here? >> i'm -- call me more skeptical of the tossup rating. i think this is a race that ted cruz is likely to win. but it does go back again to candidate favorability. ted cruz has had problems with his favorables, eve

dean heller should lose. he has terrible numbers.a way to win. >> let's talk about health care real quick, because i don't remember at this point where he stands on the repeal of the affordable care act. there is rumors that the republican would like to try it again. where is dean heller on whether or not the affordable care act, aka obamacare, should be repealed and does his position hurt or help him? >> well, i don't think we have enough time today or maybe in the next week to describe all his positions, joy. he was for it before he was against it before he was against it and for it. you remember that he came out against one of the bills in a press conference saying the first republican governor to expand medicaid and then that viral video of him with president trump where trump is essentially threatens his re-election and now suddenly dean heller has seen the light and loves donald trump and voted for one of the repeal bills. but you are right about health care. this is going on around the country. democrats are trying to use that

this is like dean heller, he needs him. donald trump is the most popular figure in republican politics, not even close. ted cruz needs the republican base to come out, but one thing we -- >> they need each other i guess, too. >> absolutely. look, because donald trump needs ted cruz and dean heller because he needs a senate majority. texas so republican, so republican, donald trump won by nine. he won tennessee, a state that also has a competitive senate race by 26. so there is a significant democratic base in that state. the question is, is there enough? can they turn out? can ted cruz win? it's still hard for o'rourke. my gosh he's gotten a lot closer than anybody thought. >> that's what makes it exciting. chris, good to have you with us. thank you for being here on the weekend. we want to let you know every week chris is cutting through the spin, he is tackling the surreal of politics in the age of trump. he has a new youtube show every thursday is there a specific time? >> we will try in the morning. we will go twice wee

i'm talking about the heller case. let me be specific. you specifically argued that it was unconstitutional to defend assault weapons because they are -- to ban assault weapons because they are in common use. that, i believe, was your dissent in the case. >> yes. i was referring to some semi -- some kinds of semiautomatic rifles that are banned by d.c. they are widely opened in the united states. that seemed to be the test that the supreme court had set forth in the heller and mcdonald cases. in other words, if a type of firearm is widely owned in the united states. now, whether i agree with the test or not was not the issue before me. i have to follow the precedent of the supreme court as written. that's what i tried to do. it is a very long opinion. i also made clear, senator feinstein, at the end of the opinion, i'm a native of this area. i'm a native of urban/suburban area. i grew up in a city plagued by gun violence and gang violence and drug violence. i fully understand, as i explained in the opinion, the importance of this issue. i

dean heller is in trouble. he might lose his seat.on't see how donald trump necessarily helps him in the state. >> jake, because hillary clinton -- hillary clinton won nevada. i mean, like it has -- it's been close every time. >> nevada is a tough state. >> but it has gone democratic. is embracing donald trump if you're dean heller. >> the republican party is a far different party. this president owns this party so heller has one chance, this is it. may not be the best chance, but that's his chance to win in nevada. >> as they say in vegas, double down. >> absolutely. >> that's the hill he's going to die on. >> if you can get people to turn out to a rally and stand in line and wait four hours, they are going to come out and work. >> that's not true. i worked for bernie sanders. >> that's not true. >> they care less about the candidates and more about president trump airing his grievances of the week. may mention a line or two about whoever the candidate, is but it's not often about them. >> i do want to get your response to what senat

the president is now campaigning for dean heller.esters visiting chuck grassly and susan collins who claims to be undecided in her confirmation votes. 66 protesters were arrested by capital police today. joining us now the president and ceo and msnbc contributor. and christine lucious, a former staff director of the democratic staff is also with us. kristine, i want to get your reaction to the strategic negotiations going on here. there's a report indicating that the republicans would like to hire a woman lawyer to act as a counsel in the hearing and ask the questions and save all those republican men from embarrassing themselves. there's also a report indicating that the democrats on the committee intend to rely on their women members of the committee. amy klobuchar, kamala harris, for them to focus the questions on the democratic side. how important do you think this part of the negotiation is? >> well, i think this part of the negotiation to me is strange. you know, i worked on the committee for more than 14 years. never have i se

the court in heller, supreme court, struck down a d.c. ban on hand guns, most of which are is semi automatic. >> let me interrupt you. i think we're on totally different wave lengths. i'm talking about your statement on common use, common use being a justification. and assault weapons are not in common use. >> and justice scalia's opinion used that phrase and the next sentence talked about dangerous and unusual weapons. and the court in heller itself, the supreme court, struck down a d.c. ban on handguns. now, most hand guns are semi automatic. something not everyone appreciates. achbtd t and the question came up semi automatic rifles and the question was can you distinguish as a matter of precedent, again, this is all about precedent for me, and if you read the mcdonald case, aknd i concluded that it could not be extinguished as a matter of law and semi automatic rifles are widely possessed in the united states. there are millions and millions and millions of semi automatic rifles that are possessed. so that seemed to fit common use and

like you to tell me that you would put aside your heller dissent and as a member of the united statessupreme court, if confirmed, you would uphold the ban on assault weapons. >> senator, as a sitting judge can't make a commitment about a future case. >> let me put it this way. in your view, a ban on assault weapons, in your dissent you voted to strike down because it was notot long-standing and it applied to weapons in common use. is that correct? >> i applied the precedence of the supreme court made clear machine guns can be banned. the supreme court said that explicitly and i said it as well. >> but assault weapons are equally destructive and evidence for them is equally compelling. that is, the evidence for a ban on assault weapons, which is what the majority in heller two in your court found, did it not? in fact, the court said that it was upholding the ban on assault weapons because, quote, our role is narrow to determine what the district hasas presented evidene sufficient to establish the reasonable fit we require between an important for substantial governmental interest. gove

one thing helping heller is the gubernatorial race.ig down ticket. the polling in this race is tight, tight, tight. we can say heller once considered a goner has fought his way back into this thing. >> dana: when you change one of your power rankings i imagine people in washington and in those states pay a lot of attention and so do the donors, that would be something to take a look at in this next filing on october 15th. what else about the power rankings? i wanted to hear about the maryland governor. >> well, so maryland and massachusetts, we exceed the poinaccede the point to charlie baker in massachusetts and larry hogan in maryland. these are republicans in blue states. the democrats did not do what they needed to do in the primaries. they moved from leaning republican to likely republican. it looks like they have sown it up there. we would compare that to say, wisconsin, where cot scott walker is sinking under the waves a little bit out there after several almost miraculous wins out there. the sledding is getting tough for him. t

whereas, your incredible senator, dean heller is going to be with us all the time. [cheers and applause] come on up here, dean. come on up here, dean. >> laura: and we're going to get back to the rally in just a moment as senator heller takes the stage. but first, new york senator kristen gillibrand seemingly revealing the game that it is not so much about justice, but more of a political equation for the democrats. >> she told a friend a year ago, she told a reporter before dr. kavanaugh was ever named. these are the hallmarks of truth. these are the almarks of someone who wants to be believed because she fears that if this person is confirmed he will do terrible things for american women. >> laura: but as i have often noted, women are not stupid. they are not politically monolithic, they have brains of their own and they're also mothers to sons, wives to husbands and sisters to brothers. check out this new poll. it speaks to that. according to a "huffington post" survey, men are more likely than women to believe ford's allegation. well, the panel is back with us.

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? >> 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. >> it's almost an objective category. >> 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 was. >> sure. but you're not looking at the intent. >> correct. not the subjective intent other than to the extent -- >> 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 le

d that he was applying heller the way he understood ite senator fei disagreed with his view of whether can ban semiassault rifles anduns, an the registration requirements as well for the district of columbia. so i think we know where he stands, but whether the senatede crats accept his version of how to interpret heller, i doubt that he was -- they were persuade bid i >> woodruff: jamil jaffer, i can ask you about that but i also want to ask about the other part we heard that is the comments of senor feinstein attempting to pin judge kavanaugh down on presidential powers. this came up also later in the afternoon. the senators were asking him about whether a sit president can be indicted, subpoenaed, and so forthch do we have a better understanding of his views on those questions? >> well, i think we now undersnd sort of his perspective on how we look at these questions and that judges need to independent and they're not beholden to the president who appointed them or the president more generally, that their role is to stand apart from that and look at the laws applied to that prticular

he will be here for senator dean heller from the silver state.viously spend a little bit of political capital ahead of what promises to be a raucous rally at the las vegas convention center. it is important to point out he will leave behind a washington still bathed in all this back and forth over the controversy surrounding the president's supreme court nominee brett kavanaugh. as leaves the washington back and forth at least for the moment. he comes here to do something more consequential for his party. that is the upcoming midterm elections in november. so far the president, it is a chance to be created here by dean heller when he makes his arrival here and spend a little bit of political capital as leaves behind washington. by the way, trump campaign is throwing weight fully behind dean heller. let me issue part of a statement, issued by laura trump from the trump campaign. she said this, dean's vote was instrumental passing president trump's historic tax cuts and strong on immigration and support for our veterans and border security. with th

[cheering and applauding] dean heller.eering and applauding] dean: does this president know how to pack the people in one room? this is incredible! [cheering and applauding] mr. president, i think he just turned nevada red today! [cheering and applauding] mr. president, welcome to las vegas! [cheering and applauding] home of the rebels. home of the golden knights. [cheering and applauding] and the future home of the las vegas raiders! [cheering and applauding] mr. president, we have 300,000 veterans in the state of nevada. [cheering and applauding] they are in front of us, and they are behind us, and we're thrilled to have them with us today. they want to thank you for delivering a better health care system at the v. amount of. [cheering and applauding] system at the va. [cheering and applauding] mr. president, our veterans want to thank you for giving them the benefits and the support that they deserve. [cheering and applauding] president president, we have thousands, thousands of military men and women that serve here in

i don't know, are you that passionate about dean heller?bly not but if trump shows up and tells you to show up, dean heller might have a shot. that's the only chance is trump gets in there, revs up the base. >> trump is the big name on the ballot. >> he's the only thing on the ballot. i've been covering these for a long time. mid terms for a long time. i've never seen one that is so determinantly and exclusively just about the character really of the president of the united states. >> here's my question, mark. i think democratic women are doing dynamite work all around, philly, winning everywhere. how many republican women, we had a guest on a moment ago that said -- sharon michael said republican women are more for this judge now that he's in trouble for women. i don't get this. what do you make of that, tamara? women, they like -- i don't get it. >> well, the idea is that republican voters are basically picking trump and so anything that's associated with trump they support it. so even though in the past, for instance, trade, you know --

dean heller trying to hang on. he bucked a nevada tie for barack obama.rats really need to pick him off to get back to the senate. >> this is why polls can be very confusing. wildly different. >> each party, the republicans can say he's up nine. democrats can say he's down two. everybody gets their own poll. >> i want to see what happens. >> thank you very much. >>> president trump will travel to las vegas to stump for dean heller tonight. joining me is the editor of the nevada independent. no one better to have on when talking about nevada. dean heller was almost up with of the poster children for the never trump movement a long time ago. that's since changed. does it help or hurt him? >> it might do a little of both. heller said he was 99% against the president in 2016 and now he's in love with him. the question is battling that how much he excites the democratic race to come out and vote. >> how is jackie rosen looking? >> steve mentions the poll. it's a bit different from some of the other polls. i don't think all polls are created equal. it shows thi

will dean heller listen to her now? demand justice. a project of 16308 fund is responsible for the content of this advertising. >>> so, jackie, a couple things here. number one, people pointed out today, this is the kind of ad we're used to seeing on the other side. does it mean the dems are hardening their message? number two, heller is the customization at the end of the ad which is running in several races across the country apparently. >> you know, dean heller in nevada for whom trump was ostensibly campaigning tonight, he would be in more trouble than he is. i mean, it's a very tight race. he could be defeated. but he's still in the race because this is a midterm election year. and democrats have consistently had a difficult time turning out their voters in a midterm election year compared to a presidential election year when their minority voters and single voters, especially young single women just don't come out in midterm election years. they're hoping that will change a bit this year, but especially for latino voters who are

the president travels with dean heller, the most vulnerable.ent trump and what he has done. the excitement we have. we have a hiccup here with the kavanaugh nomination. we will get through this and off to the races. the response is unbelievable. senator heller dismissed a credible assault allegation as a hiccup and predicted kavanaugh will be confirmed soon. we will have a showdown between the election in 47 days. >> he owes the path to being in the general election to donald trump. he had first been critical of the candidate and maybe a swing vote in different big decisions before congress, but now he has doubled down on donald trump. it's no surprise there that he is referring to it. in a dismissive way in the way a lot of other republicans are doing as well. >> the only question i have about the role of the supreme court vote in the mid-terms is we are still a long way away. given the propensity we have seen to overshadow other issues, i wonder how many other controversies will they be between a potential kavanaugh vote next week and novembe

interpretation of heller into the states. before, liberals didn't give any ground. they held very firm, whereas they might have said, look, since heller is established precedent and we incorporated all the other rights into the maine bill of rights to the states, we should go along here. maybe they could have even influenced the majority opinion in a way, to say here's the possibility for more gun regulation under the second amendment. instead they didn't. they stuck very firmly against incorporation, and suggested to me that maybe heller's in some peril if justices change on the court? >> i don't know is the short answer. in terms of supreme court, that case, mcdonald and what the dissenters did, it is a tough thing for a supreme court justice to decide on something they really disagreed with but the majority went the other way, when to reconcile yourself, if ever, to that majority opinion. on some issues he will say, ok, the court has so held, and forward accordingly on some issues. i think this is true of every justice in

. >> senator dean heller of nevada is defending his decision to call the controversy a hiccup, sayingarks were misinterpreted. in a conference call, heller reportedly predicted kavanaugh would be confirmed despite the allegation, saying we got a little hiccup here with the kavanaugh nomination, we'll get through this and get off to the races. in a statement, heller said, no, i do not believe sexual assault allegations of any kind are a hiccup. i was referring to how poorly the democrats have handled this process and the fact that the democrats have not worked with the judiciary committee chairman in good faith. meanwhile in south carolina, republican congressman ralph norman apparently tried to make light about the koefrcontrovers. he told the crowd that supreme court justice ruth bader ginsburg claimed she was groped by abraham lincoln. norman responded later on twitter saying the comments were meant to add a bit of levity to the debate and point to the circus-like atmosphere that washington, d.c. has become. just an example here of how charged this issue already is ahead of dr. ford

section two of heller is all about why there's an individual right. section three is, what exceptions to that will we allow? justice scalia's majority opinion. on that, he used a history and tradition based test. laws that have traditionally in place to allow certain kinds of narrow regulations of guns would be permissible. the question in many lower court cases since has been, what is the appropriate test to apply what kinds of other regulations are permissible? that has been a real battleground in some of the lower court decisions since heller. i thought justice scalia pretty clearly said what the test is. history and tradition-based approach to figuring out any exceptions. i have been a lonely voice, i will say, in reading heller that way. >> in 2017, judge kavanaugh was at another think tank in washington, the heritage foundation, and was asked to talk about his fears between the -- views between the executive and judicial branches. he also talked about how he things judges should handle interpreting vague or ambiguously worded laws. >> there's a

i have had no better friend in congress than dean heller. so thank you. we've got to elect republicans. that means our great congressmen, potential congressmen, and we have to get dean to fight for nevada, to fight for our heroes, and to help us make things honest around here. do you know what is going on. so we are going to drain the swamp. drain the swamp. [chanting "drain the swamp"] early voting, so important. early voting starts in exactly one month, october 20th. so you can vote early, but you have to get out and vote. remember this, dean's democrat opponent, wacky jackie, jackie rosen, she doesn't get it. jackie rosen is bought and paid for by her daughters, 100%. she does not want to go debate. i said "hey dean, when is the debate?" and he said, she won't debate m me. rosen does not represent nevada's values. she represents the extreme liberal values of her out-of-state donors funding almost 90% of her campaign. but even that, just so you understand that, she is going to do whatever pelosi and schumer tell her to do, okay? it doesn't matter. every

said, heller —— helicopter pilot for many years and i neversaid, i'm heller —— helicopter pilot foranges coming newjersey‘s way and she is also the gun control. unqualified in automatic weapons and i know the danger of them, we need the federal government to make sure we have the gun government to make sure we have the gu n safety government to make sure we have the gun safety legislation —— i'm qualified. max rose has knocked on 15,000 doors in neighbouring new york as he tries to turn this republican seat loop. —— blue. it is a message he hopes will resonate on staten island where president trump is popular. injured in afghanistan, max was decorated for bravery, and his run is inspired by his soldiers. they did not think about their own personal interest, theyjust tried to get thejob personal interest, theyjust tried to get the job done, personal interest, theyjust tried to get thejob done, and personal interest, theyjust tried to get the job done, and that's what i want to see more of in washington. that motivation resonates with emily who helps republicans and democrats with the

machine guns -- >> i'm talking about the heller case. let me be specific, and you specifically argued thatt it was unconstitutional to defend assault weapons because they are, to ban assault weapons because they are in common use. that i believe was your dissent in the case. >> yes. and i was referring to some kinds of semiautomatic rifles that are banned by d.c. are in wide come widely owned in the united states. that seemed to be the test that the supreme court had set forth in the heller in mcdonald cases. in other words, if a type of firearm is widely owned in the united states, now, whether i agree with that test or not, it's not the issue before me. i have to follow the precedent of the supreme court as it's written. try to do inat i the case. it's a very long opinion. i also made clear, hundred feinstein come at the end of the opinions i am a native of this area. i'm a native of urban suburban area and i o grew up in a city plagued i gun violence and gang violence and drug violence. so i fully understand as i explained in the opin

later this week, president travels to las vegas to campaign for senator dean heller and other republicansn the ballot. ate you there live thursday 10:00 p.m. eastern on friday, he holds a rally in holly to getjosh ont is live friday at 7:30 c-span2. saturday, to retiring members of congress -- bob corker of tennessee and mickey sagas of massachusetts -- talk about their experience in congress. >> is important for us as a nation to continue to be a beacon to the world and conduct ourselves in a manner that represents the best. when we stoop to uncivil , we have toettiness remember that the entire world looks at us. they do. >> i'm deeply concerned by our president on many levels. on policy. think he has not been helpful to long-term relationships across the globe. you read about that on a daily basis. longtime allies who question the support of the united states. he suggests that we can go it alone. i don't think that is the case. are next ordinary power but we need partners around the globe in order to achieve the goals we seek. conversations our saturday at 8:00 eastern on c-span and c-s

the court in heller, the supreme court upheld or struck down a d.c. ban on handguns. most of which are semiautomatic. >> let me interrupt you, i think we're on totally different wavelengths. i'm talking about your statement on common use. as common use being the justification. and assault weapons are not in common use. >> and justice scalia's opinion used that phrase. and i think the next sentence of the opinion talked about dangerous and unusual weapons. and the court in heller itself, the supreme court, struck down a d.c. ban on handguns. now most handguns are semiautomatic. that's something that not everyone appreciates. most handguns are semiautomatic. the question came before us of semiautomatic rifles, and the question was, can you distinguish as a matter of precedent -- this is a you will about precedent for me. trying to read exactly what the supreme court said. and if you read the mcdonald case, i concluded that, it could not be distinguished as a matter of law, semiautomatic handguns and semiautomatic rifles are widely possessed in the united states. there a

the footnote in heller says, this list is not meant to be exhaustive. i think that's guidance to the lower court when applying that test chief roberts said in the oral argument in heller, you reason by analogy and that's something that i think is appropriate and i said it in my opinion. but ultimately i had to apply the test of the supreme court. i understand people may disagree, a, with the supreme court opinion, or, b, how i applied it. i tried to do it as faithfully as i could. >> senator flake. >> thank you, mr. chairman. thank you, judge. >> hey, wait a minute, would you please? start his time over. judge, you have been attacked for this short footnote that you wrote in the affordable care act case about when a president may be inclined to enforce the laws passed by congress. in a different opinion you actually ordered the executive branch to comply with the law. you wrote, quote, it is no overstatement to say that our constitutional system of separation of powers would be significantly altered if we were to allow executive and independent agencies

the footnote in heller says, this list is not meant to be exhaustive. i think that's guidance to the lower court when applying that test chief roberts said in the oral argument in heller, you reason by analogy and that's something that i think is appropriate and i said it in my opinion. but ultimately i had to apply the test of the supreme court. i understand people may disagree, a, with the supreme court opinion, or, b, how i applied it. i tried to do it as faithfully as i could. >> senator flake. >> thank you, mr. chairman. thank you, judge. >> hey, wait a minute, would you please? start his time over. judge, you have been attacked for this short footnote that you wrote in the affordable care act case about when a president may be inclined to enforce the laws passed by congress. in a different opinion you actually ordered the executive branch to comply with the law. you wrote, quote, it is no overstatement to say that our constitutional system of separation of powers would be significantly altered if we were to allow executive and independent agencies

i'm not sure how much he helps heller.on't think he's going to elect holly. >> before i get to john and alexi here, let's start with texas. you have the first debate tonight between ted cruz and o'rourke. you have this as leaning republican right now, of course. in a reuters poll, you have o'rourke leading cruz by twopoints. earlier, ted cruz was up nine points. is there any universe you see moving this from republican to toss up? >> not yet. not yet. yes, our poll did show o'rourke up by two over cruz, which caused some ripples. >> some ripples? >> somewhere in the margin of error. look at the polling averages. it has cruz up. what's significant, it's an actual race. who would have thought a year ago, two years ago, the senate race in texas with an incumben it would be. six weeks ahead of the election is what matters. >> republicans are going to be competitive if you have glowing media profiles on o'rourke, cruz and i know some of the people who are allies of his say he's been vilified in the media. no surprise it would b

the heller case. you describe a regionalism as constitutional textualism under way to interpret the constitution is to ask yourself, tell me if i get this wrong, how would a reasonable person at that time have understood the constitution?? >> the original public meeting meeting -- if you're looking up the word, the original public meaning and look at what thebu words mean. often time it hasn't. >> you are trying to make it as object it is possible. absolutely. sometimes there's different evidence about what the meaning of the word was. >> sharer. but you're not looking at intent. >> correct. do not look at the subject toes intent other than the extent -- >> we throw that out. >> yes. >> if you look at the heller case that i'm talking about the u.s. supreme court. it wasn't a balancing case. you made that point clear that the court of appeal level. as a text history and tradition case. justice kalina wrote the majority opinion. justice stevens dissented and they both took an originalist approach. and t

the candidates that -- dean heller, why is he there?problem and a swing vote problem. ted cruz has a base problem and a swing vote problem. trump, there's nobody to help you with the swing vote problem, so you go with trump? >> trump knows how to rub a base election, he has that gut connection with his followers. republicans have put themselves in a position where they're already in danger, if not already have lost the middle. so in order to prevent that blue wave from appearing, in order to prevent the bottom from falling out, you need your base to show up. >> there you go. >> heller's in a tough place right now. he has to stick to trump, they rallied together, he understands -- >> the most interesting race i think so far where kavanaugh may be having a weird impact is north dakota. >> one quote. >> no, he added a new one. about wondering should it even matter? >> democrat operatives were foaming, salivating at the prospect of republican candidates saying silly things about it. >> it also tells me hidy heitkamp was dead in the water an

the court in heller, the supreme court upheld -- struck down a d.c.handguns, most of which are semi automatic. >> let me interrupt you. i think we're on totally different wavelengths. i'm talking about your statement on common use. common use being a justification. and assault weapons are not in common use. >> justice scalia's opinion used that phrase and the next sentence talked about dangerous and unusual weapons. and the court in heller itself, the supreme court, struck down a d.c. ban on handguns. now, most handguns are semi automatic. that's something that not everyone appreciates. most handguns are semi automatic. and the question came before us of semi automatic rifles and the question was can you distinguish as a matter of precedent -- this is all about precedent for me -- trying to read exactly what the supreme court said. if you read the mcdonald case and i concluded that it could not be distinguished as a matter of law semi automatic rifles from semi automatic handguns and semi automatic rifles are widely possessed in the united states. the

in 2011 and the majority called heller two could and semi automatic weapons and an entire appendix to explain why it was wrong and how you misread the supreme court. mr. chairman, i ask unanimous consent to have a 10 page appendix in heller to be entered into the record. >> without objection. >> at 2017, the majority sharply criticized your dissent. they said, quote, rather than engage with the record, adhere to our standard and offer bold conclusions and mischaracterized the court's opinion, end quote. they said that you apply the law as he wishes it were, not as it currently is. why do your colleagues go out of your way? >> senator, if you could begin to wrap up, please. >> why do your colleagues go out of the race often to point out that you are following the law or relevant supreme court cases? >> senator, i stand by my record. the majority -- the vast majority of the time, 90% to 95% of the time i've written opinions joined by colleagues of all stripes. i think there have been studies that have shown the affiliation of the judges to join me in the majority opinions when there has

al: i would also say dean heller out of nebraska. that's a very interesting state. not one that usually goes. 2016.ats won in dean heller has defied odds in recent elections. the other one is a little off the grid. scott walker up in wisconsin up for a third term. i talked to him last week. point that it a there is always good news on the economy but he's worried about that. that is a race on keeping my eye on. plaisted livedeal for returning this week and we hope to see you before the election. thanks to both of you for returning this week and we hope to see you before the election. [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. visit ncicap.org] [captions copyright national cable satellite corp. 2018] >> tomorrow, president trump holds a rally for representative marsha blackburn it was challenging former governor for retiring gop senator bob corker's seek. c-span3,e monday on c-span.org and the free c-span radio app. coverageaign 2018 monday as pennsylvania governor tom wolfe will be debating

the court in heller, the supreme court upheld or struck down a d.c. ban on handguns. most of which are semiautomatic. >> let me interrupt you, i think we're on totally different wavelengths. i'm talking about your statement on common use. as common use being the justification. and assault weapons are not in common use. >> and justice scalia's opinion used that phrase. and i think the next sentence of the opinion talked about dangerous and unusual weapons. and the court in heller itself, the supreme court, struck down a d.c. ban on handguns. now most handguns are semiautomatic. that's something that not everyone appreciates. most handguns are semiautomatic. the question came before us of semiautomatic rifles, and the question was, can you distinguish as a matter of precedent -- this is a you will about precedent for me. trying to read exactly what the supreme court said. and if you read the mcdonald case, i concluded that, it could not be distinguished as a matter of law, semiautomatic handguns and semiautomatic rifles are widely possessed in the united states. there a

he was there to support dean heller in a tight race. the goal? keeping an even expanding majority in congress. >> we have to get out for the midterms. promise me. you've got to get out for the midterms. don't be complacent. you've got to get out for the midterms. you've got to vote. you've got to vote. we need more republicans. you know, when they say we have a majority, it's like this. if somebody has a cold, we don't have a majority of that day. >> sandra: today, the president is heading to missouri to campaign in another big race. kevin corke's live in las vegas this morning. kevin, is it fair to say that it is an indication of things to come until the election? >> yeah, no question about that, sandra. i sprint to the finish. we saw the president last night emphasizing the importance of g.o.p. voter turnout for the midterm elections. we will be hearing a great deal about that in the weeks ahead. in las vegas, throwing his support behind senator dean heller, who is in the throes of a real political dogfight, trying to keep his seat after the mi

the court in heller upheld -- or struck down a dc ban on handguns. most of which are semiautomatic. >> let me interrupt you. i think we're on totally different wave lengths. i'm talking about your statement on common use. as common use being a justification. and assault weapons are not in common use. >> and justice scalia's opinion used that phrase, and i think the next sentence of the opinion talked about dangerous and unusual weapons. and the court in heller itself, the supreme court, struck down a dc ban on handguns. most handguns are semiautomatic. that's something that not everyone appreciates. and the question came before us, of semiautomatic rifles, and the question was can you distinguish

unlike our dissenting colleague we read heller straightforwardly.a lonely voice can denote that you are inspiring insightful or brave but it also might denote that you are just plain wrong. in this situation it's a life or death test. whether it's an assault weapon or the person who can buy it or use it, i need to know from you how you can reconcile your position with your opening statement to this committee. do you remember what you told us? the rule of common sense. the rule of common sense suggests to me that you would not be alone voice on the issue of life and death involving innocent americans. common sense would suggest that you would join with justice scalia and other federal courts who believe that scrutiny, which involved public safety, should be the test. >> senator, thank you. it is not my test but it's my interpretation of the supreme court's test. in my opening statement i am beside president. it's all about precedent. >> you are a loan and you admitted you are alone. >> not anymore. >> you came out with a completely different solution

hillary clinton wanted judges who would vote to overturn heller.verturning heller, i believe, would be a truly radical proposition. to understand why, you have to understand what the dissenters said. the second amendment protects no individual right to keep an bear arms whatsoever. it protects merely a collective right of the militia. the consequence of that radical proposition would mean that congress could pass a law making it a felony, a criminal offense for any american to own any firearm. and neither you nor i nor any american would have any individual right whatsoever under the second amendment. it would effectively erase the second amendment from the bill of rights. that is a breathtakingly extreme proposition. it is what hillary clinton promised her justices would do. and at the end of the day, it's what this fight is about. we know that every democratic member of this committee is going to vote no. we don't have to speculate. every single one of them has publicly announced they're voting no. doesn't depend on what they read in documents. d

to overturn heller would be a radical position.it said the second amendment protects no right to keep and bear arms whatsoever, that it protects merely a collective right of the militia. the consequence of that radical proposition would mean that congress could pass a law making it a felony, a criminal offense, for any american to own any firearm. and neither you nor any american would have any individual right whatsoever under the second amendment. it would effectively erase the second amendment from the bill of rights. that is a breathtakingly extreme proposition. it is what hillary clinton promised her justices would do, and at the end of the day, it's what this fight is about. we know that every democratic member of this committee is going to vote no. we don't have to speculate. every single one of them has publicly announced they're voting no. it doesn't depend on what they re read in documents, it doesn't depend on what judge kavanaugh says in this hearing in the meantime. they are voting no. but everyone should understand ju

at a rally for dean heller last night president trump said democrats want to give welfare and healthcare to who he calls illegal aliens. >> all over the world they will be coming into california. republicans want to protect the safety net for the truly needy americans. people who need help, not for the illegal aliens that come in to our country illegally. >> trump called out gavin newsom by asking the crowd how about this clown in california running for governor? newsom kicked it up a notch writing on twitter hello donald trump, interesting description coming from the guy who is literally locking up kids like penny weiss. he is referring to the character from the novel and movie it. in the book the villainous clown praise upon children and can transform into its victims worst nightmares, this is two weeks after trump referenced newsom when talking about universal healthcare for immigrants. >>> the bay area professor accusing judge brett kavanaugh of sexual assault is laying out conditions before testifying. >> now, the president is throwing his full support behind his nominee. >> preside