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justice sotomayor is it very intensive sharp questioner. justice kagan seems to be a very strategic question her. i think she has brought a sort of taking sense of the court's dynamics to bear. when she asks a question it seems to go right to wear the critical decision-making point is going to be in the case. she doesn't us the first questions. that honor usually goes to justices ginsburg or sotomayor but the question she asks is often one picked up by other justices who may be relatively undecided in the case. i want you to go back and finish her answer to justice kagan's question so i think she has shown herself to be, the skill she brought to bear in bringing together a fractured harvard faculty. [laughter] i was skeptical as to whether those would translate very well to the supreme court but i think they may have. >> i was talking to one of her colleagues just last night who said she is is the nature of a already. walter mentioned a number of questions. you said 60, 70, 80, 90. there has been over 130 questions during a one-hour argumen
justice sotomayor is it very intensive sharp questioner. justice kagan seems to be a very strategic question her. i think she has brought a sort of taking sense of the court's dynamics to bear. when she asks a question it seems to go right to wear the critical decision-making point is going to be in the case. she doesn't us the first questions. that honor usually goes to justices ginsburg or sotomayor but the question she asks is often one picked up by other justices who may be relatively...
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Mar 9, 2011
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justice sotomayor is it very intensive sharp questioner. justice kagan seems to be a very strategic question her. i think she has brought a sort of taking sense of the court's dynamics to bear. when she asks a question it seems to go right to wear the critical decision-making point is going to be in the case. she doesn't us the first questions. that honor usually goes to justices ginsburg or sotomayor but the question she asks is often one picked up by other justices who may be relatively undecided in the case. i want you to go back and finish her answer to justice kagan's question so i think she has shown herself to be, the skill she brought to bear in bringing together a fractured harvard faculty. [laughter] i was skeptical as to whether those would translate very well to the supreme court but i think they may have. >> i was talking to one of her colleagues just last night who said she is is the nature of a already. walter mentioned a number of questions. you said 60, 70, 80, 90. there has been over 130 questions during a one-hour argumen
justice sotomayor is it very intensive sharp questioner. justice kagan seems to be a very strategic question her. i think she has brought a sort of taking sense of the court's dynamics to bear. when she asks a question it seems to go right to wear the critical decision-making point is going to be in the case. she doesn't us the first questions. that honor usually goes to justices ginsburg or sotomayor but the question she asks is often one picked up by other justices who may be relatively...
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Mar 9, 2011
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justice sotomayor is it very intensive sharp questioner. justice kagan seems to be a very strategic question her. i think she has brought a sort of taking sense of the court's dynamics to bear. when she asks a question it seems to go right to wear the critical decision-making point is going to be in the case. she doesn't us the first questions. that honor usually goes to justices ginsburg or sotomayor but the question she asks is often one picked up by other justices who may be relatively undecided in the case. i want you to go back and finish her answer to justice kagan's question so i think she has shown herself to be, the skill she brought to bear in bringing together a fractured harvard faculty. [laughter] i was skeptical as to whether those would translate very well to the supreme court but i think they may have. >> i was talking to one of her colleagues just last night who said she is is the nature of a already. walter mentioned a number of questions. you said 60, 70, 80, 90. there has been over 130 questions during a one-hour argumen
justice sotomayor is it very intensive sharp questioner. justice kagan seems to be a very strategic question her. i think she has brought a sort of taking sense of the court's dynamics to bear. when she asks a question it seems to go right to wear the critical decision-making point is going to be in the case. she doesn't us the first questions. that honor usually goes to justices ginsburg or sotomayor but the question she asks is often one picked up by other justices who may be relatively...
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Mar 25, 2011
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. >> imagínate que su abogado el señor manuel sotomayor va a pelear esto de que él ha sido declarado enfrentar la cárcel por eso que su abogado el doctor sotomayor va a pelear esta declaración cut ploed que para él fue precipitada por parte del procurador de justicia de jalisco porque recordemos algo muy importante y es que no se hizo el peritaje al momento del accidente es lo que ellos quieren usar como argumento para poder salvar de esta mane. >> quiero que autoridades lleven en el momento del accidente llegan los oficiales o personas de la policía de tránsito terrestre esto pasó y el culpable es este o el otro. >> se hizo después y en su se pueden cambiar las piezas del accidente ol lugar del evento. >> lo que quiero decir que recordemos que pasó algo particular cuando recobra el conocimiento en el hospital, y sí lee comentó el hermano lo dijo que él iba a asumir responsabilidad porque al parecer él en vi contraria, la al de esa no podría más que tenerlo de frente porque estaba incorriendo >> hay un problema es que la alcaldesa y todos los políticos mexicanos gozan de fuero común
. >> imagínate que su abogado el señor manuel sotomayor va a pelear esto de que él ha sido declarado enfrentar la cárcel por eso que su abogado el doctor sotomayor va a pelear esta declaración cut ploed que para él fue precipitada por parte del procurador de justicia de jalisco porque recordemos algo muy importante y es que no se hizo el peritaje al momento del accidente es lo que ellos quieren usar como argumento para poder salvar de esta mane. >> quiero que autoridades...
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Mar 14, 2011
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justice, justice sotomayor wrote the opinion. the purpose for which the statement was elicited. she looked at the facts and said they were worried that this person who had shot this guy was still on the loose. it was a dangerous situation. there were getting this information to protect the public from someone who was out there with a gun. they were not doing it to get evidence to put the guy in jail. so the purpose for the interrogation was not for testimonial purposes, it was for public safety purposes. justice scalia went completely ballistic in his dissent. he is a very acerbic writer, as you know. he did not hold back this time. it was his baby being strangled by this brand new justice, even though she had five other boats with her. -- five other votes with her. i want to read some of the language which only justice scalia would use in an opinion and get away with it and still be friends the next day. what did you hear what he said. is the tale, which rendition that the police gave, is so transparently false and professing to
justice, justice sotomayor wrote the opinion. the purpose for which the statement was elicited. she looked at the facts and said they were worried that this person who had shot this guy was still on the loose. it was a dangerous situation. there were getting this information to protect the public from someone who was out there with a gun. they were not doing it to get evidence to put the guy in jail. so the purpose for the interrogation was not for testimonial purposes, it was for public safety...
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Mar 13, 2011
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convirtiÓ en un pediatra prominente, cuyos antiguos pacientes incluyen la juez de la corte suprema sonia sotomayore puede ocurrir del cumplimiento del sueÑo americano. >>tras establecer una escuela y una red de clÍnicas. el sueÑo mayor del dr. izquierdo es que estos estudiantes sean los futuros profesionales en su comunidad. >>me gustarÍa que cada uno de ellos pudiera continuar -no todos van a ser mÉdicos, no es razonable- y llegaran a ser mÉdicos, dentistas, enfermeras y el resto de las carreras en relaciÓn con el servicio de la salud. >>para "enfoque" sandra lili. >>y con eso llegamos al final de esta ediciÓn de "enfoque" desde washington dc. recuerde: si es domingo, es dÍa de "enfoque". gracias por el privilegio de
convirtiÓ en un pediatra prominente, cuyos antiguos pacientes incluyen la juez de la corte suprema sonia sotomayore puede ocurrir del cumplimiento del sueÑo americano. >>tras establecer una escuela y una red de clÍnicas. el sueÑo mayor del dr. izquierdo es que estos estudiantes sean los futuros profesionales en su comunidad. >>me gustarÍa que cada uno de ellos pudiera continuar -no todos van a ser mÉdicos, no es razonable- y llegaran a ser mÉdicos, dentistas, enfermeras y el...
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Mar 6, 2011
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. >> justice sotomayor-- >> and you're -- you're basically saying-- >> -- making prosecutors flinch is -- is always a bad thing. what i'm referring to is this court's precedents that say damages liability on prosecutors is the wrong way to go about it because the costs are too high compared to the benefits, and there are other ways of dealing with that -- from professional discipline, as malley v. briggs and imbler said, to -- to -- to bar actions, to the crucible of the trial process itself, which is a way of dealing with that. >> well, there are procedures set forth in the statute, i'd say you would add, which you think are not necessary, but are there in order to make them flinch in a different -- in a different-- >> that is precisely correct. we don't think those are constitutionally compelled, but we do think they provide a very important safeguard. >> what's your best authority that at -- at common law or the common law tradition, there is absolute immunity for witness -- for the issuance of witness warrants? >> i don't think it's come up with respect to public prosecutors, and s
. >> justice sotomayor-- >> and you're -- you're basically saying-- >> -- making prosecutors flinch is -- is always a bad thing. what i'm referring to is this court's precedents that say damages liability on prosecutors is the wrong way to go about it because the costs are too high compared to the benefits, and there are other ways of dealing with that -- from professional discipline, as malley v. briggs and imbler said, to -- to -- to bar actions, to the crucible of the trial...
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Mar 3, 2011
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>> i don't know justice sotomayor. i don't know if i can give you a definitive answer as you framed it. what i can tell you if they think the court would have great difficulty egging a rule of law that whether you call yourself tried it, public, limited whatever, you, not the person you are mad at over their words but you stepped in the public discussion and made public statements and then somebody wants to answer you. >> so did mr. snyder, the father, thebecome a public figure simply because his son was killed in iraq? >> no mr. chief justice. >> if he didn't take out the usual obituary notice, in this case to just come out the other way? >> it is not the obituary mr. chief justice. he went far beyond that. >> let's just say he does nothing, does nothing other than bury his son. he is that not a public figure? it is not publicized and you don't get the maximum publicity our clients are looking for. my question is, that if he simply buries his son is he a public figure open to this protest or not? >> i don't know in th
>> i don't know justice sotomayor. i don't know if i can give you a definitive answer as you framed it. what i can tell you if they think the court would have great difficulty egging a rule of law that whether you call yourself tried it, public, limited whatever, you, not the person you are mad at over their words but you stepped in the public discussion and made public statements and then somebody wants to answer you. >> so did mr. snyder, the father, thebecome a public figure...
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Mar 29, 2011
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justice sotomayor noted that the lower court found there was enough here. she asked him what do you need, what standard should we use to overturn what the lower court said here? mr. boutrous repeated there has to be some sort of common affect across all stores. he noted that wal-mart expert claims that there are no pay disparities in 90% of its stores. >> ifill: we just heard in kwame's piece that used that wore commonality. it came up again today in court. a lot of this is turning on that? >> yes, to form a class you have to show that there are common issues of fact and law. >> ifill: how closely is this being watched by corporations? >> oh, it's being very closely watched by corporations and by civil rights groups and consumer groups. if you look at the briefs that have been filed in support on wal-mart's side it amounts to a who's who in corporate america. and on the other side, you have many consumer and civil rights organizations. as well as experts in the rules of civil procedure that govern class actions. betty dukes and her fellow plaintiffs in this
justice sotomayor noted that the lower court found there was enough here. she asked him what do you need, what standard should we use to overturn what the lower court said here? mr. boutrous repeated there has to be some sort of common affect across all stores. he noted that wal-mart expert claims that there are no pay disparities in 90% of its stores. >> ifill: we just heard in kwame's piece that used that wore commonality. it came up again today in court. a lot of this is turning on...
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hispanic supreme court justice ever name nateed, and then barak obama kind of stole my thunder with sotomayor, and so i changed it to the second his panic. >> how were you up spired to write this? >> well, i've been involved in not every, but just about every supreme court confirmation battle since buork in 87, and i was at the christian coalition in the 90 for the thomas nomination. a lot of what happened there is in the dialogue, the meetings, the notes happened in the roberts or alito nominations, and i just decided to fictionalize it because i think the nomination process has become broken. i think what used to be con vise and concept is now search and destroy. there's a litmus test and that tends to be one-sided frankly, and that's unfortunate. i wanted to it to be accessible to the average reader, and that's why i chose fiction. >> why do you see the court going? >> well, it depends in what happens in 2012 and who else retires. i mean, i think the general conventional wisdom that i subscribe to is that you have a court that's evenly divided, four, four, with justice kennedy as the swing
hispanic supreme court justice ever name nateed, and then barak obama kind of stole my thunder with sotomayor, and so i changed it to the second his panic. >> how were you up spired to write this? >> well, i've been involved in not every, but just about every supreme court confirmation battle since buork in 87, and i was at the christian coalition in the 90 for the thomas nomination. a lot of what happened there is in the dialogue, the meetings, the notes happened in the roberts or...
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[laughter] justice scalia is from queens, justice ginsburg is from brooklyn, joe does -- justice sotomayor is from the bronx and a leg in -- elena kagan is from manhattan. that means the next supreme court justice will be from staten island. we need that diversity. and if you think it is justices, justice is 18 of the 36 courts this year came from harvard or yale. 20 of the 36 clerks on the supreme court this year had previously clerked on the d.c. circuit for the second circuit or got 20 out of the 36 from those two circuits. and 20 of the 36 came from eight specific retro court judges so you will see that the justices and the clerks and the lawmaking in the supreme court is all coming from the same place. as you may like that if you are from harvard or yale and you may not think it is so good if you are from the west coast. three women on the supreme court all from new york city. isn't that amazing? and then one more final fact and i will quit boring you with statistics. the supreme court has issued 22 opinion so far this term. as is sometimes the case earlier in the term, you see these
[laughter] justice scalia is from queens, justice ginsburg is from brooklyn, joe does -- justice sotomayor is from the bronx and a leg in -- elena kagan is from manhattan. that means the next supreme court justice will be from staten island. we need that diversity. and if you think it is justices, justice is 18 of the 36 courts this year came from harvard or yale. 20 of the 36 clerks on the supreme court this year had previously clerked on the d.c. circuit for the second circuit or got 20 out...
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sotomayor, when the father used the occasion to put a question out in the public airwaves repeatedly. >> so if we disagree that that made him a public figure, if we view him as a private figure, is that enough to defeat your argument? assume these are private figures and you did this. so explain to me how you're protecting the person. >> without regard to what label is put on a person who steps into -- >> you want to change the assumption. you have now made the statement that a individual within crisis. >> i don't know that, just to sotomayor. i don't know if i can give you an answer as you framed it. what i can tell you aside hopes of poor would have great difficulty making the roof like that with you call yourself private, public, ltd., whatever come to you, the person, but you step into the public discussion and make some public statement and then somebody wants to answer you. >> did mr. snyder, the father, become a public figure simply because his son was killed in iraq? >> no, mr. chief justice. >> if he didn't take out the usual obituary notice, and in this case you cannot other
sotomayor, when the father used the occasion to put a question out in the public airwaves repeatedly. >> so if we disagree that that made him a public figure, if we view him as a private figure, is that enough to defeat your argument? assume these are private figures and you did this. so explain to me how you're protecting the person. >> without regard to what label is put on a person who steps into -- >> you want to change the assumption. you have now made the statement that...
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Mar 1, 2011
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. >> justice sotomayor, i believe the statute is valid under the treaty clause plus the necessary improper clause analysis in missouri vs. holland and sustained in our view under the commerce clause following directly when the court said that the intrastate regulation of commodity used in commerce is a typical method that congress utilized. it gave us examples of that. the nuclear bilogical and plastic explosive statutes enacted to implement treaty obligations of the united states. >> given the breath of this statute, that's a very far reaching decision, isn't it? suppose that the petitioner in this case decided to retaliate against your former friend by pulling a bottle -- pouring a bottle of vinegar into the goldfish bowl. that's a violation, possibly life in prison, isn't it? >> i'm not sure. i'll assume with you it is. >> if she possesses a chemical weapon. >> i'm not sure if vinegar is. >> it's a weapon that includes toxic chemical. a toxic chemical is a keep kagan that causes death to animal malls. i believe by pouring vinegar in a goldfish bowl would cause death to the fish. that's
. >> justice sotomayor, i believe the statute is valid under the treaty clause plus the necessary improper clause analysis in missouri vs. holland and sustained in our view under the commerce clause following directly when the court said that the intrastate regulation of commodity used in commerce is a typical method that congress utilized. it gave us examples of that. the nuclear bilogical and plastic explosive statutes enacted to implement treaty obligations of the united states....
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Mar 13, 2011
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you brought that before the court, and we heard a bit of discussion around the society sotomayor nomination. what makes a good judge, and how important is empathy in the way we talk about the constitution? >> justice on the supreme court, the judges at any level often have discretion. let's just think about a trial judge in arizona's file clerk and there's a question whether or not a police search or police arrest violatings the fourth amendment. what's reasonable and unreasonable isn't determined by the words of the constitution or the intent of the framers. it's a judgment call that judges in this state and all over the country have to make lit ramly -- literally every day. when you get to the supreme court, almost everything they decide matters of tremendous discretion. what's freedom of speech? what's cruel and unusual punishment? what's due process of law? even if we could agree on all of that, no right in the constitution is absolute. the government can infringe even on basic rights if it shows compelling interest. what's a compelling government interest? judges and justices have to m
you brought that before the court, and we heard a bit of discussion around the society sotomayor nomination. what makes a good judge, and how important is empathy in the way we talk about the constitution? >> justice on the supreme court, the judges at any level often have discretion. let's just think about a trial judge in arizona's file clerk and there's a question whether or not a police search or police arrest violatings the fourth amendment. what's reasonable and unreasonable isn't...
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Mar 5, 2011
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. >> justice sotomayor - >> and you're basically saying - >> making prosecutors flinch is always a bad thing. what i'm referring to is this court's precedents that say damages liability on prosecutors is the wrong way to go about it because the costs are too high compared to the benefits, and there are other ways of dealing with that -- from professional discipline, as malley v. briggs and imbler said, to bar actions, to the crucible of the trial process itself, which is a way of dealing with that. >> well, there are procedures set forth in the statute, i'd say you would add, which you think are not necessary, but are there in order to make them flinch in a different -- in a different - >> that is precisely correct. we don't think those are constitutionally compelled, but we do think they provide a very important safeguard. >> what's your best authority that at common law or the common law tradition, there is absolute immunity for witness -- for the issuance of witness warrants? >> i don't think it's come up with respect to public prosecutors, and so our argument here, to the extent th
. >> justice sotomayor - >> and you're basically saying - >> making prosecutors flinch is always a bad thing. what i'm referring to is this court's precedents that say damages liability on prosecutors is the wrong way to go about it because the costs are too high compared to the benefits, and there are other ways of dealing with that -- from professional discipline, as malley v. briggs and imbler said, to bar actions, to the crucible of the trial process itself, which is a way...
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qualified to do this job based on your background and standard that he expressed during the kagan and sotomayor hearings about someone's qualities and academic qualifications and their understanding of the law and their willingness to follow the law. i just wanted to go back into what you were passionate with senator cornyn, with a just talking about, which is the difference, your work as a scholar. and i think i mentioned before that i'm a graduate of the university of chicago law school and has seen judge easterbrook and judge posner as professors and have often thought some of the things they said in class or views that they expressed and scholarly journals were not necessarily what guided them as a judge when they actually had to apply the law. and could you talk a little bit again about your view of a judge different from the role of an advocate or scholar? >> circa. thank you, senator klobuchar. i first want to express that i appreciate senator cornyn's making transparent and plain his concerns about my nomination, and i think they are fair concerns to raise and to discuss. i think this i
qualified to do this job based on your background and standard that he expressed during the kagan and sotomayor hearings about someone's qualities and academic qualifications and their understanding of the law and their willingness to follow the law. i just wanted to go back into what you were passionate with senator cornyn, with a just talking about, which is the difference, your work as a scholar. and i think i mentioned before that i'm a graduate of the university of chicago law school and...
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. >> justice sotomayor - >> and you're basically saying - >> making prosecutors flinch is always a bad thing. what i'm referring to is this court's precedents that say damages liability on prosecutors is the wrong way to go about it because the costs are too high compared to the benefits, and there are other ways of dealing with that -- from professional discipline, as malley v. briggs and imbler said, to bar actions, to the crucible of the trial process itself, which is a way of dealing with that. >> well, there are procedures set forth in the statute, i'd say you would add, which you think are not necessary, but are there in order to make them flinch in a different -- in a different - >> that is precisely correct. we don't think those are constitutionally compelled, but we do think they provide a very important safeguard. >> what's your best authority that at common law or the common law tradition, there is absolute immunity for witness -- for the issuance of witness warrants? >> i don't think it's come up with respect to public prosecutors, and so our argument here, to the extent th
. >> justice sotomayor - >> and you're basically saying - >> making prosecutors flinch is always a bad thing. what i'm referring to is this court's precedents that say damages liability on prosecutors is the wrong way to go about it because the costs are too high compared to the benefits, and there are other ways of dealing with that -- from professional discipline, as malley v. briggs and imbler said, to bar actions, to the crucible of the trial process itself, which is a way...
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Mar 21, 2011
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frequently testified before congress, for example, during the confirmation hearings for now justice sonia sotomayor. someone who watches tv or read opinions magazines or newspapers for that matter has probably seen him or read his by-line. but most relevant to today's events, david is the lead outside counsel for the florida lawsuit against obamacare, the one that has led to a district judge declaring the entirety of the law unconstitutional. and it is that effort and that topic that he is going to be talking about today followed by some questions. so let's all give a round of applause to david rivkin. [applause] >> thank you. i should have omitted the reference to the human rights commission. but i did not go to geneva very much either. anyway, ladies and gentlemen, i wanted to thank the cato institute for inviting me to speak and for ramesh's introduction. my brief remarks will cover the substantive aspects of obamacare and the merits of our case if you will and some background on where our case and our cases stand procedurally as this litigation unfolds and, of course, we all know it's going to
frequently testified before congress, for example, during the confirmation hearings for now justice sonia sotomayor. someone who watches tv or read opinions magazines or newspapers for that matter has probably seen him or read his by-line. but most relevant to today's events, david is the lead outside counsel for the florida lawsuit against obamacare, the one that has led to a district judge declaring the entirety of the law unconstitutional. and it is that effort and that topic that he is...
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Mar 22, 2011
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stated the lindsey graham, you are more than qualified and what he expressed during the kagan and sotomayoraw and willingness to follow the law. i wanted to go back into what you said with senator cornyn was talking about, which is the difference, your work as a scholar. i think i mentioned before that i am a graduate of the united states of chicago law school, and i have seen judge easter brook and judge hosen as professors, and thought what they said in class wasn't what guided them as a judge when they had to apply the law. could you talk again about your view of the judge differing from a role of the advocate or scholar. >> certainly, thank you, senator klobuchar. i first want to just express that i appreciate senator cornyn's making transparent in his concerns about my nomination. i think they are fair concerned to raise and discuss. i think this was robust and fair process. and it enables me an opportunity, i think, to clarify that in all of my academic writings, the role that i had was that of a commentator, as it were. what a scholar does is a scholar pokes and prods and critiques,
stated the lindsey graham, you are more than qualified and what he expressed during the kagan and sotomayoraw and willingness to follow the law. i wanted to go back into what you said with senator cornyn was talking about, which is the difference, your work as a scholar. i think i mentioned before that i am a graduate of the united states of chicago law school, and i have seen judge easter brook and judge hosen as professors, and thought what they said in class wasn't what guided them as a...