mazie hirono, who many believe is the dullest u.s.or in mamerican history, has taken control of the merriam-webster dictionary. she is in charge of what words you're allowed to use. she defines the english language. it's pretty amazing! we'll tell you after the break. . >> tucker: if you weren't fully awake as you watch yesterday's supreme court confirmation hearings, you may have missed a >> tucker: if you weren't fully awake as you watched yesterday's supreme court confirmation hearings, you may have missed amy coney barrett who seems like a decent person saying something deeply offensive. we are going to replay it for you for its news value. we want to preface it with an nc-17 morning. here's what she said. >> i have no agenda and i do want to be clear that i have never discriminated on the basis of sexual preference and would not ever discriminate on the basis of sexual preference. >> tucker: yeah, you heard it. sexual preference. it's hard to watch that. fortunately hawaii senator mazie hirono was in the building to prevent futur

hirono: excuse me. i read your dissent. theow you try to show people who would be impacted by the rule but you also there are a that lot of people not impacted by the rule who disenroll because of the fear. my question to you is whether those kinds of events, which you foresaw and even acknowledged, if you think it is appropriate for the court to consider those? ms. barrett: i was trying to answer before, yes, i said there was fear and there was disenrollment, but that the rule did not apply to anyone currently eligible for benefits. the question of disenrollment and the effect of the rule would be relevant at the stage of arbitrary and capricious review. analyzing the first step, interpretation of the statute, i said i would not reach the question in that case so i said in my dissent that it would be better to send that back to the district court on the question of whether the rule on the evidence that the agency had , including its treatment of state and local governments. to be deemed the rule reasonable. i take it you s

mazie hirono didn't stop there. mazie hirono is something of a detectiveve as it turns out.y coney barrett might seem like a normal, happy successful woman but for mazie hirono few words are as foreign as those words. so she did whatever great detective would do. she asked with no evidence whatsoever if amy coney barrett was actually secretly, and you would never have guessedwa this, predator. >> since he became a legal adult, have you ever mader unwanted requests for favors or committed any verbal or physicae harassment or assault of that nature? >> no, senator. >> have you ever face discipline or entered into a settlement related to this kind of conduct? >> no, senator. >> tucker: so we now know on the record that amy coney barrett is not a rapist, but she came close to getting her.. all this is to say that mazie hirono was really the star of the show, but of course she always is. she wasn't the only one though made everyone else in the room seem a little smarter. at one point dick durbin of illinois lectured amy coney barrett at length on the differences between a musket

>>> well senator hirono i answered that question before. and said any question of whether there was an appearance of par shalt problem would be one for all justices involved to consider you should the recusal statute. >> so you think there might be a conflict and therefore you would have to go through that? >>> senator i think any time someone makes a motion to recuse and indeed even one is not made a judge always has to consider that issue. you're asking me to make a decision about whether i think myself and two people who are not even yet my colleagues should recuse in that situation. i'm just saying that i on -- >> actually my question was whether it imposes an appearance of conflict. i believe that you would bring forth the fact of the recusal process says to me that voters might decide that there is an appearance of conflict. thank you mr. chairman. >> thank you. senator earnst >>> thank you judge barrett very much for being in front of us. welcome to day three. it's been quite a day. and because we do have so many members that have be

hirono: have you ever faced a settlement related to this kind of conduct?udge barrett: no, senator. sen. hirono: judge barrett, do you think it is appropriate for justices to consider real-world impacts in their vision making, as justice ginsburg noted in a number of her dissents? judge barrett: the doctrine is a good example of that, because the factor of reliance interest takes into account the real world impact the way that people have ordered their affairs and relied on decisions, so there are contexts in considering part of that doctrine. sen. hirono: so you would say that -- you have been listening to all of us here today as well as yesterday, talking about the real world impact of striking down of the affordable care act. impacts be those fact that would be important for you to consider, should you be a justice? judge barrett: sen., to be clear, i have the utmost empathy to the stories that you have told, including the story of veronica's family. very moving. if i were a justice, the commitment i would make to you and to all people affected by follow

it's just like mazie hirono's intellect. she didn't choose to be that brilliant, and in some ways it's a burden, but she was born that way. tammy bruce is the host of "get tammy bruce" on fox nation. she's the person we call when there's a particularly knotty intellectual problem. what does this mean? will you explain this? >> i will never forgive you. this is so difficult. the fact of the matter is senator hirono was wrong. her remarks come from a blue check guy on twitter who decided it was offensive. the fact of the matter is what's ridiculous is that this argument, the word police are coming from the side of politics that say that there are dozens of genders. that whatever you say you are, you are. in this case, this is the irony, it's the gay community especially and liberals who should not be embracing this idea that someone else controls the nature of who you are, how you identify, and the words you're supposed to use. as a news flash, for me as a gay woman, it's a sexual preference. no one out there, not some young m

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>> senator hirono, we have the voting rights act that offers protection. and section 2 of the voting rights act which was not at issue in shelby county protects voters from any kind of measures that would discriminate on the basis of race. >> so you think that the justice department is pursuing aggressively those sections of the law? because we know that over a dozen states passed what i would characterize as voter suppression laws. so that is obviously happening. now in that case, justice thomas went even further because of the majority in shelby county left the framework for allowing congress to come back with formulas that would enable preclearance to occur. but justice thomas went even further. he said get rid of the entire framework. congress, you're totally out of the picture. so this is -- this is a danger we're facing with your being put on the court. one more thing. i have just one more question, do you think that having three justices who have worked on the republican side, bush v gore, you're one of those justices, should you be confirmed, creat

hirono: [erratic yelling] sen. hirono: i am very committed injoining my colleagues other protests of what is happening with this nominee. when are not normal times we ask mitch mcconnell and senate republicans, why are your priorities so screwed up that in the middle of a pandemic, we cannot work on a covid bill that helps people, and you are pushing through this nominee. when thatnormal question becomes a rhetorical question, but here we are. barrett is that amy a clear and present danger to the affordable care act. on november 10 when republicans get their way she will be sitting there in the courts to hear this case. she has already let it be known that she thinks chief justice roberts made a mistake when he upheld the law which means that if she had been sitting in that court she would have shut down the affordable care act then. she is a clear and present danger to so many of the rights that ruth bader ginsburg -- it was not long ago when we lost her, have we forgotten all the things she fought for? equal righ

judge jeanine: that is mazie hirono from hawaii. where does she get off asking questions when there is no basis whatsoever? >> it's not the first time senator hirono has done that. and it's not the last time she is going to do it. she was unprepared. judge barrett on her worst day can match up against any member of that judiciary committee, republicans or democrats. hirono continues her attacks. she is not prepared. she is noting substantive questions. if she did, she probably wouldn't have understood the answers. judge barrett is going to get confirmed. she'll be voted out of comiet committee. she is an extraordinary judge and will make an extraordinary justice. judge jeanine: if on thursday she is confirmed, at what point does it go on the senate floor? >> after she gets reported out of committee thursday, she could be eligible to put for the cloture as early as next week end. and she'll be before the full senate the week after next. i'm looking forward to proudly supporting her. she deserves to be on the court. and she deserves t

judge jeanine: that is mazie hirono from hawaii. where does she get off asking questions when there is no basis whatsoever? >> it's not the first time senator hirono has done that. and it's not the last time she is going to do it. she was unprepared. judge barrett on her worst day can match up against any member of that judiciary committee, republicans or democrats. hirono continues her attacks. she is not prepared. she is noting substantive questions. if she did, she probably wouldn't have understood the answers. judge barrett is going to get confirmed. she'll be voted out of comiet committee. she is an extraordinary judge and will make an extraordinary justice. judge jeanine: if on thursday she is confirmed, at what point does it go on the senate floor? >> after she gets reported out of committee thursday, she could be eligible to put for the cloture as early as next week end. and she'll be before the full senate the week after next. i'm looking forward to proudly supporting her. she deserves to be on the court. and she deserves t

judge jeanine: that is mazie hirono from hawaii. where does she get off asking questions when there is no basis whatsoever? >> it's not the first time senator hirono has done that. and it's not the last time she is going to do it. she was unprepared. judge barrett on her worst day can match up against any member of that judiciary committee, republicans or democrats. hirono continues her attacks. she is not prepared. she is noting substantive questions. if she did, she probably wouldn't have understood the answers. judge barrett is going to get confirmed. she'll be voted out of comiet committee. she is an extraordinary judge and will make an extraordinary justice. judge jeanine: if on thursday she is confirmed, at what point does it go on the senate floor? >> after she gets reported out of committee thursday, she could be eligible to put for the cloture as early as next week end. and she'll be before the full senate the week after next. i'm looking forward to proudly supporting her. she deserves to be on the court. and she deserves t

is hawaii really proud of mazie hirono? >> it was quite a performance by the senate democrats over these last two days trying to twist judge barrett's words, trying to make stuff out of whole cloth, attacking her for her faith. they said they wouldn't and they went right on ahead ended. centrally he attacked her for speaking to a group of christian law students. imagine that. senator blumenthal, senator hirono attacked her for adhering to the provisions of her catholic faith. imagine that. there's only 65 million catholics in america. imagine a devout catholic, who would think this kind of stuff is just outrageous. they are going to lose. it's the bottom line. they are going to lose. judge barrett did not back down 1 inch. i couldn't be more proud to support her praise. you really quickly, senator, your reaction to that story from "the new york post" today. based on emails between hunter biden and burisma officials now among them was one from burisma executive who thanked he opportunity to meet your father and spend some ti

joining me is democratic hawaii senator mazie hirono.ou. >> good morning. >> republicans are moving full steam ahead. the fact of the matter is that mitch mcconnell has the votes, unquote. what are you going to ask judge barrett, and is there any way democrats can stop her confirmation? >> we are going to be very focused on her state of use on the affordable care act and the reason that the republicans are so bound and determined to push her through with only about two weeks left before the election and millions of people already voting, they want her on that court to hear the affordable care act case on november 10th, one week after the election, so that she can strike it down. that is her view on the affordable care act. then we will also be focused, i will be focused on her state of use on a woman's right to choose abortion. those are the will be focused on. this nominee poses a clear and immediate danger to the health care of over 20 million americans who have health care thanks to the affordable care act. over 100 million americans

>> senator hirono does that for everything a person that comes up. the thing that so interesting is someone would never have made it through the fbi vetting process if there was a problem such as that in their background or if they'd ever had a settlement for such. this is part of her grandstanding. it's part of an arrogance if you will. that says i can hold you to account or ask you questions that will make you feel uncomfortable. >> shannon: what do you make of the constant pushing on judge barrett that either she's not going to be able to be an independent thinker because the allegations as i talked about our by the democrats that she's going to be put on the court to get rid of obamacare. or that she is being put there so she can hand the president the election in case there is a dispute they get to the high court. or that she simply going to be a cookie-cutter approach following the steps of justice scalia. as if she can't have an independent thought for herself. >> there again goes back to what they think about conservative women and the stereo

i would like to make a quick follow on some of senator hirono's comments. one, i have set a number of times during the hearing that i cannot comment or grade existing precedent, and i want to be clear that the kind -- the point of doing that is not to say whether i agree or disagree with implicitly -- not it,s not disagreeing with the point of not answering it is it is inappropriate for me to say a response. and i certainly did not mean and would never mean to use a term that would cause any offense in the lgbtq community. so if i did, i greatly apologize for that. i simply meant to be referring -- inrgefell and wrists respect to same-sex marriage. sen. ernst: thank you. it goes back to the discussion you had with the black robes. when you put that robe on, you are neutral, correct? judge barrett: yes. sen. ernst: thank you. i wanted to go back because of the issue of coronavirus. it has come up once again in the committee room, and i want to y that point and clarifi the senate gop did bring up a relief bill in number of weeks ago, and in that hill, there w

m mazie hirono., senator. >> aloha. >> there may be many americans who were confronted with sexual orientation and many who use sexual preference without realizing the implication. it is different for a judicial candidate and different for a candidate to the supreme court bench who may be hearing cases that apply to the lgbtq community. >> of course. as i mentioned in my questioning, she did not use the terms accidentally. those are terms used by people who are not supportive of lgbtq rights. in fact, your previous guest said amy coney barrett will take the supreme court way to the right. probably more to the right of scalia who wrote the major dissent on all of the right pieces. one of the precedents that will come up for this court because two justices, thomas and alito, have signalled the case that allows gay marriage said there is no constitutional basis for that decision. that is why i think this will be a case where she will not support the gay rights position. it is also, ali, her position on

>> i don't know. >> i don't know. >> senator hirono? >> good talk. >> the confirmation of judge amy coney barrett for the us supreme court is about to begin in the senate when senators gavilan next they will begin several days of debate on whether to approve the appeals court judge nominated by donald trump, to fill for ruth bader ginsburg's seat, judiciary, and yesterday to advance the nomination of judge barrett. the democratic senators have been asking republican members to hold off on approving a new justice until after the november presidential election. the senate is expected to vote on limiting debate over the confirmation, setting up a final vote monday. live now to the senate floor on c-span2.

mazie hirono is next. >>> plus hunker down. the u.s. in a key period. >> i'd like to say everything is great by thanksgiving but honestly i'm not sure so sure it is. >> i'll ask arkansas governor asa hutchinson ahead. hello, i'm jake tarp in washington. the state of our union is stunned by the recklessness. the president's doctors cleared him saying he has met the cdc criteria to leave isolation and is no longer considered a transmission risk to others, unquote. the doctor said the president is ten days from the onset of symptoms and fever-free more than 24 hours. the doctor did not disclose whether the president is off all fever-reducing medications and symptom-free and whether the president tested negative for the virus. that is not part of the criteria to leave isolation but still important information. on that subject we still do not know when the president last tested negative before catching the virus and potentially spreading it. the doctor's letter came hours after the president delivered a speech to crowded supporters on the so

senator hirono, you will be the first one to make a statement. senator tillis? >> thank you, chairman graham and ranking member feinstein. i want to take a moment to honor the life and legacy of justice ginsberg. she was a living legend and a giant in the legal world. as a professor, as a lawyer, and a judge and a justice. she was an inspirational role model, and we honor her legacy. i want to make sure her family knows the nation mourns her loss. today, we're here to consider a nomination of a highly qualified jurist to the united states supreme court. judge amy coney barrett. she's a top legal scroll lholar professor in the mold of the late justice scalia. she is respected in the legal community. it is clear why her students voted her to be the distinguished professor after the year at the notre dame law school. it is also why every full-time faculty member of notre dame law supports her nomination. her legal work and teaching have inspired hundreds of young lawyers, especially inspiring female lawyers. she is a remarkable mother. seven beautiful children. in

senator mazie hirono, i appreciate your time.re staying on the hill, heading to the other side of the capital. we're expecting an update on the potential for some kind of covid relief on the house side. we've got a live report on that and new reporting on just how close the sides are. all in one disposable pad. just vacuum, spray mop, and toss. the shark vacmop, a complete clean all in one disposable pad. essential for sewing, but maybe not needles. for people with certain inflammatory conditions. because there are options. like an "unjection™". xeljanz. the first and only pill of its kind that treats moderate to severe rheumatoid arthritis, psoriatic arthritis, or moderate to severe ulcerative colitis when other medicines have not helped enough. xeljanz can lower your ability to fight infections. before and during treatment, your doctor should check for infections, like tb and do blood tests. tell your doctor if you've had hepatitis b or c, have flu-like symptoms, or are prone to infections. serious, sometimes fatal infections,

what we well senator harris as i mentioned to senator hirono star decisis takes reliance interests into account because as i've said before starting to say says about keeping stability in the law so the law often takes into account reliance interests i can't really say sitting here how they would play in a way in this case because that's part of the legal calculus of the case so i can't really give you the kind of commitment or pre-commitment that you're asking for me of how i would weigh factors or how i would structure my decision making process. i would ask you to consider if you are confirmed or if you're just joining us that was senator comer harris questioning president donald trump's nominee in this court judge amy kearney barrett she was attending that hearing remotely to coronavirus concerns harris's questions very much focusing on the affordable care act bringing in some personal stories about americans that have been helped by the obama care in the united states at the moment and how they're concerned if the republicans manage to take that away let's go to our correspondent a

hirono so dismissive. harris. very combative. she never got flustered. she never was ruffled. here is the thing. i think she's well prepared, laura, for knowing that the left is always going to denigrate and dismiss and ridicule and mock a conservative woman. they know that. amy coney barrett knows that. and i think she was prepared for what they were going to do and how they were going to come at their questioning, and quite frankly, the way they tried to build out the affordable care act argument and tilt everything to health care and then create a national panic, saying people are terrified. they were projecting their fears onto the american people saying the american people are terrified. they're scared. they're frightened. they're trying to create this panic and say she is going to take their health care away. which is not true, and i will tell you, laura, their numbers -- they keep inflating these numbers on health care. they grow bigger every day. >> laura: well, i think what they're doing with the hearing it seems to me, senator, they know she's going to get confirmed.

>> it might resonate with people who are in the camp with kamala harris and maisie hirono.rom day one you saw the pictures, the personal stories they were telling. this was from a party that told you obamacare isn't left enough. obamacare was the most left thing america ever science four years later it was just a half measure, it should be medicare for all, all about bernie sanders, alexandria ocasio cortez's plan. there is a great amount of theater. is is where we can have the most impact on the 2020 election, the most impact on donald trump by scaring them into use your doctor and you lose your plan which is weird because we heard that kind of thing before but don't remember where, somewhere. todd: we were told we would lose our doctors will lose our plans or something. jillian: a lot of her responses were well thought out. let's take a listen to her response on the aca. >> i think your concern is because i critiqued the statutory reasoning that i am hostile to the aca and that is because i'm hostile to the aca that i would decide a case a particular way and i assure you

i would like to make a quick follow-up to some of senator hirono comments. i've said a number of times during the hearing that i can't comment. >> jesse: welcome back to "the five." we are going to dip out quickly for an analysis and will get right back to the hearings. we've been watching this, brian kilmeade, for what is this now, six going on seven hours. i think everybody would agree that this has been a flawless performance by amy coney barrett. the democrat senators have not gone after her religion. many people expected that. they have been respectful but have not been able to pin her down on any major issues and give any republican senator a chance to second think confirmation vote. >> brian: i 100% agree. the decorum both sides have shown. obviously republicans are not going to be hostile towards her. i found it educational. i was kind of embarrassed to say how much i learned during the hearing but i learned a ton during the hearing because it was a an honest exchange of ideas. the two themes: recusal. we need you to recuse in cases goes to a court w

>> senator hirono does that with every single person that comes up. the thing that is so interesting is someone would never have made it through the vetting process if there were a problem such as that in their background. this is part of her grandstanding, part of an arrogance that says i can hold you to account or ask you questions that will make you feel uncomfortable. shannon: what do you make of the constant pushing on judge barrett that she either will not be an independent thinker because the allegations by the democrats but she is going to be put on the court to get rid of obamacare or so she can hand the president the election in case it gets to the high court or simply going to be a cookie-cutter approach as if she can't have an independent thought for herself. >> there again, goes back to what they think about conservative women and the stereotyping, you can't think for yourself. you are a token. you are put there to do someone's bidding but the important thing about judge barrett as she earned her way to a seat at the table and this is why

judge barrett: as i mentioned to senator hirono, story decisive stakes interests into account. decisis is about taking interest into account. as i said before, it's about keeping stability in the law. the law often takes into account reliance interests. i can't give you the commitment you are asking for me of how i would structure my decision-making process. ask you to: i would consider if you are confirmed on the court. the incredible benefit of the affordable care act. the destruction of its protections will have a devastating impact on millions -- hundreds of millions -- of americans. judge barrett testified yesterday that justice ruth bader ginsburg opened the door for many women in law. i certainly believe and know that to be true as a personal matter. she was a trailblazer for women's equality and gender equity. as a civil rights lawyer and as the second woman ever to sit on the united states supreme court, justice ginsburg broke many barriers for women across the country. we, i believe, all fondly remember her as a person who had patience. to had the vision and well make

and we will all remember that look, i think that senator hirono is wacky. she is confused. for joe biden than amy coney barrett who is an upstanding mom and citizen. you can be sure she knew that the answer to that question was no because amy coney barrett's entire history and background has been gone over with a fine tooth comb, including yearbooks and high school parties and everything else the democrats want to investigate prior to letting any conservative, you know, go into this hearing process. so, it was a disgraceful question. it was meant to embarrass her in front of her children. and in front of the country. and i think it shows a lot more about senator hirono than it does about amy coney barrett. ainsley: when joe biden was asked about the gallup poll which showed back in september people were asked are they better off now than they were, and 56% of americans said that they were -- at least the ones polled said they are better off now than they were four years ago. watch this. >> people who feel that they are better off today under the trump administration vote fo

shannon: i invite people to read the hirono thing and find the threat. we always laugh, thank you. what are the chances of covid-19 bill getting done before the election? we will see where things stand next. i was printing out labels and saving money. shipstation saves us so much time. it makes it really easy and seamless. pick an order, print everything you need, slap the label onto the box, and it's ready to go. our costs for shipping were cut in half. just like that. shipstation. the #1 choice of online sellers. go to shipstation.com/tv and get 2 months free. ♪ i got it all from you ♪ i'm always pushing through ♪ i know we'll make it to the finish line ♪ ♪ i know you're waiting on the other side ♪ ♪ i'm like you on-demand glucose monitoring. because they're always on. another life-changing technology from abbott. so you don't wait for life. you live it. >> shannon: there is renewed optimism tonight that the trump administration and house democrats could agree on a last-minute coronavirus relief deal before the next election. at the next question is if they >> this would optimism

and hirono accuses her, asks her if she ever committed sexual assault. >> something hirono asks every single nominee. >> greg: i get it, i understand. if you are making the case that men persecute women and in the interest of equality to ask that woman the interest of equality is absurd, absolutely absurd. you have her family sitting there, i don't know if they were there at that time. to ask that question in the interest of "equality" is a farce. irony of her being, saying she's subservient to men, being treated worse by men than women. >> i don't think anybody brings up the fact she is a woman with all these kids. we have women on the court who have families. saying subservient -- >> have you seen the stuff on twitter from feminist, directed toward her saying she cannot be a good mother if she's working full time. >> i think from all indications she's a great mother, i don't think it is relevant confirming someone to a lifetime position on the court. this woman says no one is above the law, kennedy. if you're the member of the democratic member of the committee, you say, what approx

>> is a mention to senator hirono, it takes reliant's issues into account because it's about keeping stability in the law. the law often takes into account relianc. i can't really say how they would play in her way into this case because that's part of the legal calculus of the case. i can't really give you the kind of commitment or precommitment you're asking for me of how i would structure my decision-making process. >> i would ask you to consider if you are confirmed on the court. a credible benefit of the affordable care act and destruction of its protections will have a devastating impact on hundreds of millions of americans. you testified yesterday that justice ruth bader ginsburg opened the door for many women in law. i certainly believe and know that to be true as a personal matter. she was a trailblazer for women's equality and gender equity. as a law student come as a teacher and a civil rights lawyer and as the second woman ever to sit on the united states supreme court, justice ginsburg broke many barriers for women across the country. i believe fondly we remember her fon

some questions, such as what we heard from senator hirono, she did that,ther or questions from senator harris. whether covid-19 is a contagious disease. kennedy.senator john part of these questions seems wrong. this is a senate hearing for supreme court nominee. the nominee will spend the rest ontheir life, depending whether they decide to retire, in the supreme court. these should be very serious questions. not the questions we heard today. feel like trump has the responsibility to put in his supreme court nominee. i am a bit disappointed with senate democrats. and republicans as well. host: a lot of the topics that you heard him mention. a bit of discourse about the houston astros. you can always catch this on our website. from michigan on our oppose line, good afternoon. good afternoon to you. confirmation only because it is too close to the election. and the fact that they have november 10 coming up. and affordable care act. gavel like the answer she were appropriate. , youas poised, confident can tell she was very educated. she knew what was going on. sometimes i had to really lis

mazie hirono is next. >>> plus hunker

but that's what's happening right now. >> senator mazie hirono, we really appreciate you taking times morning before the very being morning. obviously, we'll be watching al. >>> how a pair of dueling political protests ended in gunfire. to severe psoriasis, little things can become your big moment. that's why there's otezla. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines, and if you're pregnant or planning to be. otezla. show more of you. and if you're pregnant or planning to be. each febreze car vent clip gives you up to 30 days of fresh air. so, you can hav

i would like to make a quick followon to some of senator hirono's comments. one, i've said a number of times during the hearing that i can't comment or grade existing precedent and i want to be clear that the point of doing that is not to say whether i agree or disagree with it, it is not to implicitly signal that i do disagree with it, it is designed to be neutral. so in saying that i couldn't opine on whether oburger feld was rightly decided or not i was not indicating disgraemt with it, the point of not answering was to simply saying it it is inappropriate for my to say a response and the second point was to say i didn't mean and would never mean to use a term that would cause any offense in the lgbtq community. so if i did, i greatly apologize for that. i simply meant to be referring to oburger feld holding with respect to same-sex marriage. >> thank you for that. i appreciate the clarification. and it goes back to the discussion that you had with senator sass on the black robes, when you put that robe on, you are neutral, correct? >> yes. >> yes, thank y

. >> senator hirono, two of the female republican senators essentially accused you of a misogynistic attack. you would think my colleagues would jump at the opportunity to support a successful female, legal superstar. may be only certain kinds of women would be allowed into the hearing room. >> go ahead. >> we will go together. >> sure. proud that there are some any women who are now serving in the u.s. senate and we are proud that more and more women are achieving positions of power. but that does not mean that we have to agree with every woman that is nominated. actually, i know this because i ran against a number of women for president and we were able to handle it fine. the point here is that we have a nominee that donald trump has put forward for the purpose of overturning the affordable care act, something they have been trying to do time and time again in the course. someone who has expressed views that i do not believe are consistent with where the american people are and the worst part of it, to me, is he has done this where he clearly says he wants full nine justices on the

democrat [ laughter ] i just want to jump right in, i actually found some of your responses to senator hirono really compelling around the public charge issue and that you sent -- you dissent in the case. if i can read it. you wrote that at the bottom, the plaintiffs' objections reflect disagreement with the policy choice. even the statutory exclusion itself, litigation is not the vehicle for re solving policy disputes. because i think the dhs's definition is a rational interpretation of the statutory term public charge. but you were saying to her, which i really found compelling, that you were still leaving the door open for it to be capricious. was that the word you used? >>> yes. so the standard of review under the administrative procedure act would be arbitrary and capricious. i said at the conclusion of the dissent because the majority reached both. i said that i wasn't resolving that issue because it hadn't been briefed before us bully just wasn't expressing an opinion and i thought we needed a fuller record. i thought the ruling would nonetheless be arbitrary and capricious. >> as i sa

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host: one of the democratic members on the committee is senator mazie hirono.as on a program and was asked about the questions she will have this week. [video clip] ties toudge barrett has an organization called people of praise you have set her religious beliefs should not be off-limits, and you question whether or closely held views can be separated from her ability to make effective, fair decisions." do you plan to raise her fate tomorrow, and how can you do that without approaching religious bigotry? her religion is immaterial, irrelevant. that is what i said. so that is my position. i am totally focused. let this nominee, sitting there as a justice is going to do in striking down the affordable care act. that is what i am focused on. i am not going to be asking questions about her religious views. they are irrelevant. >> so no one -- you don't think any democrats will bring up her faith or religious views? sen. hirono: [laughs] i think it will be the republicans bringing up that particular issue. why? because they do not want to tell the american people th

i know hunter biden was appointed to burisma while you t i just want to make sure -- senator hirono. >> thank you mr. chairman. the chair noted that he is committed to trying to save the fisa system, and in fact, they dug very deep into the crossfire hurricane investigation and then the 400 page report as mr. comey noted, he filed no evidence of political bias, but he did note a number of changes that should be made to the fisa application process. and in fact, fbi director ray is doing those changes. so, if we are committed to making changes to the application process, andan we al share that concern, the hearing today should be focused on whether or not the fbi and fact is making those changes that the inspector horowitz n backed out and he is very thorough investigation. mr. chairman, we understand that radcliffe entered a statement claiming the declassified information, selective declassifieds information you released yesterday about hillary clinton from russian sources, quote, isn't russia's disinformation, and yet, acknowledged that the information he released may be, quote, a f

will choose the next justice and i am now happy to yield to my great colleague from hawaii, senator hirono. [background chanting] >> thank you. i am very committed to joining my colleagues on other protests on what is happening with the nominee. these are not normal times when we have mitch mcconnell and senate republicans priorities so screwed up in the middle of a pandemic we cannot work on a bill that helps people and you are pushing through a nominee. it becomes a rhetorical question. we all know that amy coney barrett presents a danger to the affordable care act. november 10th when the republicans get their way she will be sitting there in the court to hear the case. she's let it known she thinks justice roberts was wrong when he upheld the law so if she were in that court she would have struck it down then. a present danger to so many of the rights of ruth bader ginsburg. it wasn't long ago when we lost her. have we forgotten all the things she thought for, equal rights for women, access to affordable care, all these rights ruth bader ginsburg fought for and that she actually listene