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Candidates, nominees from president republican president s have learned a lot about how to deal with the hearings. When you heard kavanaugh say as he did, talking about the parties to the case that theyre Flesh And Blood Human Beings and we need to have empathy for them and real world consequences of the court are very important. As a political matter, great stuff. A legal matter, its nonsense. Were youre an Appellate Judge and an issue comes before you, the issue is not the parties. Youre to resolve the legal issues. Its a purely legal matter. The parties may happen to be the case that they pick to do that. Now, obviously its as well as a human being to say you care about the parties, yes, you should, but thats smart to say that. Bork said when he was asked about why he wanted to be on the court back then, he said among other things, he said it was an intellec ....
System which we have now and have had historically is a distinct system, appointed by the attorney general. morrison has nothing to do with that. that dealt with the old statute as you said which is expired in 1999 under overwhelming consensus that statute was inappropriate. secondly, morrison, justice scalia s precedent, does not prevent the supreme court precedent that allows independent agencies to exist. those independent regulatory agencies continue to exist, of course. so both on the independent agency side, those are unaffected. on the special counsel s side, that s unaffected. you mentioned the cfpb case. that my decision in that case would have allowed that agency ....
Take a listen. no one is above the law in our constitutional system. federalist 69, hamilton makes clear all the ways that the executive branch, as designed by the framers of the constitution, was different from the monarchy. under our system of government, the executive branch is subject to the law, subject to the court system, and that s an important part of federalist 69. it s an important part of the constitutional structure. judge kavanaugh says the roe versus wade decision legalizing abortion rights for women here in the united states is entitled to respect. he defended his dissent in a case upholding a ban on semiautomatic weapons in the district of columbia and denied any involvement in the enhanced interrogation program targeting terror suspects. let s bring back our reporters, analysts, and commentators. let me get your thoughts. jeffrey, how is he doing so far? ....
Dissented in the anthem case last year. your opinion would have allowed a merger between two of the four nationwide health insurance providers, which was eventually blocked because it would lead to higher prices for health care in the long term in what was viewed as poor-quality insurance. here you went a step farther than whole foods. instead of just trying to raise the bar on what the government would have to prove to block a merger, you also tried to lower the bar for merging companies trying to justify their deals. your opinion suggests you would lower the bar for merging companies that are trying to prove their deals with not harm competition. does that represent your views when it comes to mergers? it s a very fact-specific case. the market in question there were two health insurers that were not selling health insurance in the downstream market but were acting as purchasing agents for employers in the upstream market where ....
Ignore a law even after a court upholds it, like you said? so ignore is not the concept there, as we discussed when we met. we had a good back and forth on that. the concept is prosecutorial s discretion. that s the concept i referred to, to explain the footnote you re referencing. in prosecutorial discretion, it s obviously firmly rooted. united states versus richard nixon case says the executive branch has the absolute exclusive authority and absolute discretion whether to prosecute a case. that s an exact quote from united states versus richard nixon. then heckler versus cheney says that also applies in the civil context. the limits so prosecutorial discretion is well recognized. in other words, the u.s. attorney s office might prosecute gang violence but let low-level marijuana offenses go ....