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Justice, if i m fortunate enough to be confirmed, that i have what i m considering circuit precedent as a circuit judge. it s the exact same process. the exact same rules apply. this is the 14th supreme court hearing that i ve participated in so i have a pretty good idea of some of the questions you re going to get today. you re going to be asked to make promises and commitmented about how you ll rule on particular issues. now they won t necessarily ask you that directly, for instance, how will you rule on this issue or that issue. instead they ll probably ask you about old cases, whether they were correctly decided. of course, that s another way of asking the very same question. they know that you can t answer, but they are going to ask you anyway. i ve heard justices nominated by ....
Power amalgamated founders worried that would be the very definition of tyranny. you can see why. we re life tenured. you can t get rid of us. it only takes a couple of us to make a decision or nine or twelve depending on the court. it would be a poor way to run a democracy and at the same time with respect legislators may not make great judge because they re answerable to the people and when you come to the court about a case or controversy about past facts you want a neutral, rigidly neutral, fair, scrupulously fair decision maker. you want somebody who s going to put politics aside. so the separation of powers i don t think has lost any of its ....
Would have as a supreme court justice if i m fortunate enough to be confirmed than i have when i m considering circuit press didn ts a ses precedence as a circuit judge. it s the exact same process. this is the 14th supreme court hearing that i participated in so i have a pretty good idea of some of the questions that you re going to get today. you re going to be asked to make promises and commitments about how you ll rule on particular issues. now, they won t necessarily ask you that directly, for instance, how will you rule on this issue or that issue. instead they ll probably ask you about old cases, whether they were correctly decided. of course that s another way of aski the very same question. they know that you can t answer but they re going to ask you anyway. i ve heard justices nominated by ....
Down by strict rules and precedence. president baker called precedent the anchor of the law. you start with precedent, you consider those factors in that late and, yes, in a very few cases you may overrule precedent. it not an inexorable command, the property has said. that s the law of precedent as i understand it and as i believe is expressed in that book with my very high lie respected colleagues. as a lower court judge, you re bound not only as supreme court precedent but as you ve demonstrated the precedent of your own court but as a supreme court judge, this part of your job will be to decide when existing supreme court precedent need not be reconsidered. how will you decide when you revisit existing precedent? mr. chairman, i don t think the considerations change. it s the same analysis that i ....
Do the arithmetic. there s 20 members, they get a half hour of questioning. if they do the follow up, there could be six more hours of follow up questions. it s going to be a long time. only in the congress, brian, would you call yesterday, where the nominee just sat there, a hearing. yeah, this is going to be longer than i spent in college. i asked the other question because we have seen jurists who lived, and forgive me, a victorian existence in our area. once they get to the court, they are more susceptible to kind of drawing the drapes and be accountable to no one. these lifetime appointments can be funny things. wiell, he ll be the first westerner since his mentor, byron white stepped down. he ll be the first, if he is ....