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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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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I don't think he's mad, I think he thinks it's just emphatic and doesn't realize how it sounds on the mic. It's weird, though!
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Gorsuch highlights Kyllo, Crawford, Apprendi, Booker as opinions with originalist roots that helped defendants. Very interesting.
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Gorsuch continuing that line of Scalia opinions in crim law would be notable. He wasn't directly endorsing them but certainly suggested it.
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Now up: Klobuchar asks about NYT v. Sullivan. "Actual malice" has been the "law of the land" since, Gorsuch says.
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Klobuchar finally raises Branzburg v. Hayes, reporters and grand jury testimony, but Gorsuch says he's not touching it.
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(Because cases come to the court on the issue.)
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We're back from a 12-minute recess (it went over 2 mins). Cruz opens his questioning with a "Hitchhiker's Guide to the Galaxy" reference.
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We're back to Byron White talk.
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Gorsuch talking about overcriminalization now.
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We're now talking about the Brown Palace Hotel, a rodeo, and something called "mutton-busting." This is
#NSFW. Children, look away. -
Gorsuch: "I could talk mutton busting all day." Grassley: "Senator Franken."
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Franken: "Apparently, there are no animal cruelty laws there?" Gorsuch, laughing: "You sound like my daughters on that score."
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