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Detailed text transcripts for TV channel - MSNBC - 20170321:19:31:00

Atlantic that judge gorsuch was a jeffersonian for the supreme court. for those who are lay people is don t know the minimeaning of that, what did you mean? jefferson favored individual rights and states rights and wanted to check extreme presidential and congressional authority. and in that sense he was different than hamilton, the rap star of the moment, who favored a broad federal government and a strong executive. justice scalia was more of a hamiltonian, and ihink tt judge gorsuch is differe in being more willing to check the prident and more willing to defend states rights than scalia was. that s why i drew that contrast. because you have written about the court so many years in so many venues, a question we keep asking, perhaps to keep things interesting, what is the chance that this nominee could be a surprise to the president who nominated him along the lines of a brennan or a suitor? i don t think that elie involve to a brennan or a ....

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Detailed text transcripts for TV channel - MSNBC - 20170321:19:52:00

Now. no. justice kagan and justice scalia wrote a dissent, saying fish, that s a tangible object. you shouldn t have done it. and so these things don t divide along any kind of ordinary ideological line. i am confident that there are justices who in that case or in heller or any of these cases would as a matter of policy have come out differently than they did as a matter of judging. and that to me is all the difference in the world. we re not doing what we would like or what we think the law is. let s turn to another topic. some of my colleagues on the democratic side have raised some questions about the federalist society, and have raised it with a tone that suggests it is some ....

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Detailed text transcripts for TV channel - MSNBC - 20170321:19:33:00

Originalist seemed to betray constitutional text and history, most notable brown versus board of education the case that struck down segregation. but it s hard to reconcile with original understanding. judge gorsuch said i want to translate the original meaning into a world of new technologies. he kept citg the gps case the 19th century horse and buggy age. but the democrats are going to press him and say do you agree with the cases where justice scalia was a fatless originalist. do you see any reason, jeffrey in what we ve seen and heard so far from neil gorsuch, that this won t be not to diminish it in a any way, this won t be a net/net, basically no chaepg on the court from suitor to gorsuch? i think could be a change on the court. excuse me, from scalia. scalia to gorsuch. ....

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Detailed text transcripts for TV channel - MSNBC - 20170321:19:34:00

No, not at all. there is differences in the lack of agency decisions, that s the chevron decision that we are hearing about, and he may be more liberal in his willingness to check the president and the last exchange about first amendment rights was interesting. justice scalia was a first amendment defender, it soun sunds like judge gorsuch is as well. i was going to ask you about that. i suppose there is difference between the two men. scalia was justifiably proud of his decisions on the first amendment. jeffrey, anything else that sticks out to you from the gorsuch testimony so far before we get into the late afternoon session? there was one word that came up a lot and surprised me aed lo. and that was quality. judge gorsuch began by saying the words before the supreme court equal justice under law are the most radical promise of the constitution. and defending himself about the campaign finance and immigration ....

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Detailed text transcripts for TV channel - MSNBC - 20170321:19:48:00

The framers possibly imagined modern contrivances, modern contraptions. well, thermal images did not exist in the 1700s. right. the framers had no idea what it was. under the caricature that some of the democrats have suggested you would assume the originalists in the case would all line up on the side of saying well gosh the fourth amendment doesn t cover that. and yet the kilo case, the majority fin, 5-4 opinion was written by justice scalia, perhaps the leading originalist on the board. it was joined by justice thomas. and indeed, justice stevens dissented in that case. so i think that case illustrates that any judge doing his or her job, a thorough understanding of the original understanding of the language is essential to effectively doing your job. would you share your thoughts ....

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