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Detailed text transcripts for TV channel - FOXNEWS - 20120730:06:20:00

That the president declines to enforce boggles the mind to wit conservative judge richard poser in wrote about your dissent it gaves that part of the opinion the air of a campaign speech. your response? he is a court of appeals judge isn t he? chris: yes. and he doesn t sit in judgment on my opinions as far as i m concerned. chris: you sit in judgment of his opinions. that is what happens. chris: what about the argument, though,. and a people wonder why you push people s buttons every once in awhile. it is fun to push buttons. chris: is it? um-h m. chris: why? when richard posner comes out with statement like that i should fire back a statement equally provocative. chris: here is the point that he is making. the president s decision months later after the case has been argued after the law has been passed what to do about immigration and deportating. have you read the whole ....

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Detailed text transcripts for TV channel - FOXNEWS - 20120730:06:13:00

Exactly even in important questions. not just insignificant question but even in important questions like abortion. chris: have you you ever changed your mind in a case from casting your original vote in conference to when it is finally announced by the court? i have not only done that, i have changed my mind after having been assigned to write the majority opinion. written the opinion the other way. it just wouldn t write. chris: and clearly you think there is nothing wrong with that. nothing wrong with that. chris: did chief justice roberts change his mind in the obama care case? i don t know. youville to ask him. chris: let me ask you you. were you at one point in the majority to strike down obama care? i don t talk about in terpal court proceedings. chris: just this once? never ever. never ever. and those who do, you shouldn t believe what you read about internal court ....

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Detailed text transcripts for TV channel - FOXNEWS - 20120730:06:19:00

Because now and then we have to tell the majority, the people that they can t do what they want to do. that they want to do is unconstitutional and therefore go away. is not going to make us popular and you can say it is undemocratic. this the small sense it is. but it is the american people who gave us the power and said there are some things we are not going to let future legislatures do even if they want to do it and we are simply applying the judgment of the american people over time. chris: some people say you crossed the line last month in your dissent in the arizona immigration case. you brought up the fact that the president after the case had been argued and had been passed the fact that the president decided not to deport children illegal immigrants. take a look at your dissent. you wrote this. so say 80s court does that arizona contradicts federal law by earn forcing amplycations ....

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Detailed text transcripts for TV channel - FOXNEWS - 20120730:06:18:00

Anybody. chris: did you view that as a threat? i didn t view it as a threat. i m not even sure i heard it. chris: well, you heard it now. i m glad you brought it to my attention. chris: come on, you heard it. as a matter of just fact as a legal scholar was the former constitutional law lecturer, correct? how unusual is it for the court or as the president put it there an unelected group of people to overturn an act of congress? i m not going to engage in saying we have overruled marbury versus madison a very old case. we did just that and we have done it in a large number of cases since then. it is part of the function of the court. look, the most important role we play and the reason we have life tenure is precisely ....

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Detailed text transcripts for TV channel - FOXNEWS - 20120730:06:07:00

chris: okay. in your book you lay out beyond the general argument 57 specific canons, principles for judging. here is number 38. you have 57. like the heinz varieties. statute should be interpreted in a way that avoids placing its constitutionality in doubt. in other words, try to find a way to avoid judicial conflict with the legislature. canon number 38. right. chris: but you voted to strike down obama care which the legislature in this case the congress debated for a year and in your dissent you criticized chief justice roberts for following canon 38 by fiving that the you are taking your head for finding that the individual mandate is a tax. didn t justice roberts do exactly what you say a good judge should do, try to find a way to avoid striking down a law? if you read the rest of the section you would say to find a ....

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