Durbin questioning: "What about LGBTQ individuals?"
Gorsuch: "What about them? They're people." #SCOTUSnomineepic.twitter.com/zkxfc6ke4m
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On the maternity leave issue, Gorsuch said there's an example in a textbook he uses about being asked whether you planned to get pregnant.
He says that he is always shocked by the number of women who tell them they've been asked questions like that, says he'd never ask that.
We're back to the trucker in the freezing cold case.
The law as written said he would be protected if he refused to operate," Gorsuch says, countering that the trucker clearly operated.
From this morning: Gorsuch Says He Would Have "No Difficulty" Ruling Against The President - https://www.buzzfeed.com/zoetillman/trumps-supreme-court-nominee-says-he-would-have-no?utm_term=.ojZg6YeP1E … by @zoetillman
Gorsuch now talking about Hobby Lobby by backing into it, starting with Employment Division v. Smith and now talking about RFRA ...
... highlighting Schumer's support in House. Talks about high std for protection set by RFRA for all w sincerely held religious beliefs.
Why does he keep calling it Smith v. Maryland?
On Hobby Lobby, Gorsuch says: "We did our level best, and we were affirmed by the Supreme Court."
He's reading my tweets, OBVS. Just corrected himself.
[FYI: Here's the case Gorsuch was mentioning: https://www.oyez.org/cases/1978/78-5374 … / Here's what he meant/corrected it to: https://www.oyez.org/cases/1989/88-1213 …]
Cornyn began asking about signing statements, but really just summarized things.
Cornyn: "I wanna talk about the little guy." Gorsuch: "I'm not a blame guy; I'm a 'look inside' guy."
Just run around with that on a breezy day. It's a perfect kite.
Update: There are nine white men asking questions of one white man right now at the hearing. Some committee members are missing, but, yeah.pic.twitter.com/EWUpH16FS5
"Is this result consistent with the Administrative Procedure Act?" Gorsuch says. Reporters on the edge of their seats. "I follow precedent."
Gorsuch: "I follow precedent." Cornyn: "Even when you disagree with the outcome?" Gorsuch notes he still got the result he wanted.
On Chevron, Gorsuch says he doesn't know how he'd rule on the Supreme Court. Cornyn attacks the regulatory state, says it's out of control.
Cornyn raises prayer at football games, asks Gorsuch for his views on religion in the public square and "hostility" to religion.
"It's a very difficult area, doctrinally," Gorsuch says, b/c of the Establishment Clause and Free Exercise Clause.
G: "Judges have to mediate to competing and important values." He says SCOTUS has struggled on the Estab Clause, explains Lemon test.
"Lemon endures." - Neil Gorsuch
Cornyn: Originalism and textualism! Drink x 2!
Cornyn: If not the text, what is a judge going to be bound by? Gorsuch: "I hope it wasn't what he had for breakfast."
"A monkey, a paddle, and the Gettysburg Address: My afternoon at the confirmation hearing of Neil Gorsuch for the Supreme Court."
Next up: Sen. Whitehouse. He starts by asking about fact-finding by trial courts and whether that is a separation of powers issues.
Whitehouse similarly asks about the question presented and whether narrow language is a separation of powers issue.
Whitehouse asks about "dark money." Gorsuch says it's money not spent by a candidate or party. Whitehouse adds that it's unknown source.
Whitehouse asks about the "campaign" to confirm Gorsuch and what he knows about it. G: "I've heard a lot about it from you, others."
G: "I know there's a lot of money being spent on both sides." W: "I wouldn't leap to that conclusion just yet."
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