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CSPAN Key Capitol Hill Hearings June 26, 2014

People can shovel snow. If they work for the for the clinic, they can sweep the sidewalk, they can do maintenance, they can go in and they and out, but they cant utter a word. Well, that would be a different statute. But thats not this statute. This statute says that there is an exemption for employees of the facility if they are operating within the scope of their employment. And surely coming out and saying this is a safe facility is within the scope of their employment. Right. So how do you justify that . Forget about the conduct now. The speech thats allowed. One can speak and say its safe. The other cannot speak and say it is not safe. What i would argue, your honor, is that speech in that particular circumstance of the employee actually doing her job and not unnecessarily cluttering the buffer zone, what then that speech is simply incidental to the permissible conduct. And it doesnt make the statute on its face it doesnt make it viewpointdiscriminatory. Because as i said you thin ....

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CSPAN Key Capitol Hill Hearings June 27, 2014

Who framed and ratified the constitution . Because if they had thought about that, theres a real chance the senate may take a twomonth break right. Over christmas. Would there be any reason why they wouldnt have wanted the recess appointment power to apply there as well as at the end of the session . Your honor, our argument does not turn on that because to us it is not a temporal question. Its a procedural one. Back then, the senate had the power not to trigger the recess. Just like today, it has the power not to trigger the recess appointments power. The difference is not in principle. Its in historical context. At the time of the framing, they wanted to trigger the recess appointments power because when they left during long periods of time, they wanted the president to be able to act unilaterally since it was very difficult for them to get back. And if they didnt trigger the power, the only way the president could act unilaterally would the only way the president could confirm nomi ....

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CSPAN Key Capitol Hill Hearings June 27, 2014

But what they cant do is try to talk the woman out of the abortion. Its a counseling case, not a not a protest case. It your honor, i would say its a congestion case. Certainly, ms. Mccullen and others can have those conversations right in front of the abortion facility. Its just that those conversations are moved back a few feet. And in point of fact, ms. Mccullen well, its more than a few feet. You know, 35 feet is a ways. Its from this bench to the end of the court. And if you imagine the chief justice as sort of where the door would be, its most of the width of this courtroom as well. Its its pretty much this courtroom, kind of. Thats a lot of space. Just as a factual matter, i did want to point out that in boston, for example, the door is recessed. Its a private entrance with a recessed door and the 35 feet is measured from the door. So its actually only about 23 feet. I thought it was two car lengths. Im sorry . Two car lengths. Im sorry. I didnt hear you. Two car lengths. Two ca ....

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CSPAN Key Capitol Hill Hearings June 26, 2014

3, that since their meeting their recess was still on and lasted more than 3 days, it was a violation of that adjournment clause of the constitution. Now, thats one way to interpret it. Over a long period of time, they have apparently met pro forma on those days. Or we could try to make them mean the same thing, which would mean it was up to the senate. They consider that a meeting, its a meeting. What do we do . Or there is another option, Justice Breyer. Would you write that opinion, saying the senate of the United States has violated two provisions of the constitution . No, no. I dont think you need to write that opinion. All right. Why not . Because you might, perhaps, give the senate some deference with respect to requirements that apply only internally to the congress. But when what youre talking about is the senates use of pro forma sessions in a manner that deprives th ....

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CSPAN Key Capitol Hill Hearings July 30, 2014

The chair will alternate recognition between the parties with each party limited to one hour and each member other than the majority and minority leaders and the minority whip each, to five minutes t in no event shall debate continue beyond 11 50 a. M. The chair recognizes the gentleman from North Carolina, mr. Butterfield, for five minutes. Mr. Utterfield thank you, speaker. Mr. Speaker, with the stroke of a pen, 49 years ago today several weeks after i finished high school, thenpresident Lyndon Johnson signed into law two of the largest and most important healthrelated programs the country had ever seen, medicare and medicaid. Those programs were created nearly half a century ago because our nations leaders saw time and time again the hopelessness of people who had no way to provide the most basic level of health care for themselves and their families. It was president harr ....

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