mr. stras: no. mr. duncan: no. senator kennedy: have you blogged that a child is part of satan's plan? mr. stras: no. mr. duncan: no. senator kennedy: have you said someone is a prostitute? mr. duncan: no, senator. mr. stras: no. senator kennedy: how many jury trials as you done as lead -- mr. stras: summary judgment stage. i have not tried a case. senator kennedy: how many bench trials have you tried to verdict as lead council? mr. strast -- mr. strass: i have not. -- mr. stras: i have not. mr. duncan: no jury trials, senator. senator kennedy: how many bench trials? mr. duncan: i have done two bench trials. judge feldman and judge diegerfeld. senator kennedy: both good judges. let me get this one out of the way because this five minutes goes real fast. mr. duncan, you heard my opening statement. tell me what i say -- i have gotten scores of calls from lawyers back in louisiana who say, hey, you know, i'm experienced, i'm pro-life, i'm pro-religious liberty, some of them are judges. i'm thinking of a person -- what

mr. stras: it's a critical distinction. the role of a judge and role of courts is to decide actual cases and controversy and we had a number of cases. bigging is one. i wrote similar dissentence, where i said this is an abstract controversy. it's a question for the legislature to consider because there's no longer a live case or controversy before us. so i think that sets a theme of about two or three dissentence i have written over time where i said we need to be mindful of our proper role as judges. senator hatch: well, i support both of you and i want to thank both of you for being willing to serve. senator grassley: thank you. senator whitehouse. senator whitehouse: thank you, chairman. and welcome, both nominees. there is a distinction that i would like to try to elucidate that i hope you will both agree with. let me ask first whether you agree that we ought not base our -- >> this hearing continues online at c-span.org. the house coming in next. they'll take up a resolution later today requiring anti-sexual harassment