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Climate change. it has moral implications but it s got, you know, practical living implications. tucker: right. so how is it that, in pursuit of living out your opinions on climate change, you believe you ought to be allowed to violate the law? i m not sure i would say i would want to be allowed to violate the t law, what i beliee is that in taking the actions such as we recently did, when we face charges and when we go to court, it is appropriate for us to be able to explain to the jury why we did what we did. to be able to call some expert witnesses that were testify to the facts as we understand them. tucker:r: but that s not really an act of conscience, then. ....
And that statute were being invoked not in a context where the person was fired for refusing to operate a vehicle, but where the person in fact operated a vehicle those are two different things, aren t they? i thought so, senator. that was my judgment in that case. dickenswrote, t law is an ass. and sometimes you might encounter cases where that s true. and sometimes you can look at those who make the laws and say exhibit a, your honor, as to why this law is an ass. but it s not your job to rewrite the law. it s not your job to write it in the first place. and it s not your job to rewrite it after the fact, is it? i don t believe so, senator. ....
you had another case under the same statute that was involved in the trans am case. it s a 2007 case called copart, inc., versus administrative review board. in that case, a trucker had been fired for refusing to drive a truck that he considered unsafe. you wrote an opinion ruling in favor of the trucker and awarding him attorneys fees; is that right? senator, your recollection is better than mine on the attorneys fees issue. courts don t always award attorneys fees but as i recall, the court did in that case. so i don t i don t really understand the argument that some are making or the implications some are trying to raise that you were somehow unfair in the trans am case. because, after all n the trans am case, you applied the law. ....
Antithetdical to their own policy preferences when the law so requires. so i want to ask, can you give me an example of a supreme court case that you believe was wrongly decided under the law? but that you will continue to follow if you are confirmed because the precedent is so strong? senator, i think that s just another way, honestly, of trying to get at which supreme court precedents i agree with and i disagree with. i don t think it is. it s about something you actually said when the president nominated you. you said it in public. you said this is the definition of a judge, that they someone who, you know, respects press department so much that they are still going to enforce the law. so i just thought there could be one example, even if it s a really ole one. senator lee and i were talking about a couple of cases were the results were not attractive to me as a person where i followed the law to the best of my abilities and did so, you know, with my colleagues. yeah, one ....
Protect and defend and operate within and subject to the constraints of the united states constitution, a constitution that puts the power to prescribe laws with prospective general applicability in the political branches of government n the legislative branch, and in the executive branch insofar as the executive is involved in the law making process, and then insofar as the executive is involved in the execution of those laws. the judicial branch on the other hand is there to give effect and meaning to those words. not just based on what is fair in some abstract sense but also what is fair in the sense that you have got to decide who the decision maker is, who makes the law, and how to give effect to those words. one of the many cases that comes up from time to time is one called trans am trucking versus administrative review board. you wrote in that case, it might ....