Next up: Sen. Whitehouse. He starts by asking about fact-finding by trial courts and whether that is a separation of powers issues.
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(One man left as I was typing, so, 12 now.)
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Whitehouse asks if G regrets the $ in the confirmation campaign. "Senator, there's a lot about the confirmation process that I regret."
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He goes on to say that Byron White's confirmation hearing lastes 90 minutes & he smoked. Whitehouse presses. "Senator, it is what it is."
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That was weird.
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It is recognized, Gorsuch says, "there may be limits when it chills expression."
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Although Gorsuch earlier said it's in Congress' hands, he now says it ends in ct: "It's a dialogue. It's a separation of powers dialogue."
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This seems important to me. He earlier was pushing back on Whitehouse by saying it was up to Congress, then says it would end up in court.
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Whitehouse asks why group opposed Garland and supported Gorsuch with millions of dollars.
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Gorsuch: "You'd have to ask them." Whitehouse: "I can't because I don't know who they are. It's just a front group."
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We now have 14 white guys and one white woman at this hearing questioning one white man up for a SCOTUS seat. Don't @ me.
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Now up: Sen. Mike Lee.
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Lee made a joke about politicians being blood-sucking parasites. So.
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I think Lee is upset with Whitehouse's line of questioning.
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Gorsuch, with prompting from Lee to pushback against Whitehouse, says, "Nobody speaks for me. I'm a judge. I speak for myself."
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"I always think that the family that skis together stays together ..." - a thing just said by Gorsuch
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"We're now like David Foster Wallace's fish," Gorsuch says. "We're surrounded by the rule of law, it's in the fabric of our lives."
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"A very important question," Gorsuch says of cameras in the courtroom. Says more cameras in the past few weeks than in his entire lifetime.
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Gorsuch will not give his view on cameras in the Supreme Court, instead saying, "I would want to hear the arguments."
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On judicial ethics rules, which apply to judges but not justices, Gorsuch says he wouldn't care and would consider it — but wouldn't commit.
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Klobuchar says she'd think it would be easy to commit to applying judicial ethics rules to the Supreme Court.
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Klobuchar then awkwardly says that "as Hamilton says," Gorsuch would "be in the room where it happens," and I cringed to
@ToddRuger. -
... Gorsuch, making the simplest of gestures or movements ... CAMERAS CLICK CLICK CLICK CLICK CLICK CLICK CLICK CLICK CLICK
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Gorsuch, nearly growling: "I was almost therrrreeee."
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[Note: This was to Klobuchar.]
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Klobuchar asks Gorsuch about his Chevron thoughts.
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"I was identifying an issue for my bosses," he says of his "elephant in the room" Chevron-related concurrence to his own opinion.
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Klobuchar: "What do you think should replace Chevron?" Gorsuch says he couldn't answer, but notes what came before: Skidmore.
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To be clear, he didn't say he WOULD replace Chevron, but was gaming out the question at Klobuchar's prompting.
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"OF COURSE WOMEN Could be president of the United States," Gorsuch growls to Klobuchar noting Constitution talks about POTUS only as "he."
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