Here we are.pic.twitter.com/PTaUQxPbPr
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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
Gorsuch, nearly growling: "I was almost therrrreeee."
[Note: This was to Klobuchar.]
Klobuchar asks Gorsuch about his Chevron thoughts.
"I was identifying an issue for my bosses," he says of his "elephant in the room" Chevron-related concurrence to his own opinion.
Klobuchar: "What do you think should replace Chevron?" Gorsuch says he couldn't answer, but notes what came before: Skidmore.
To be clear, he didn't say he WOULD replace Chevron, but was gaming out the question at Klobuchar's prompting.
"OF COURSE WOMEN Could be president of the United States," Gorsuch growls to Klobuchar noting Constitution talks about POTUS only as "he."
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!
Gorsuch highlights Kyllo, Crawford, Apprendi, Booker as opinions with originalist roots that helped defendants. Very interesting.
Gorsuch continuing that line of Scalia opinions in crim law would be notable. He wasn't directly endorsing them but certainly suggested it.
Now up: Klobuchar asks about NYT v. Sullivan. "Actual malice" has been the "law of the land" since, Gorsuch says.
Klobuchar finally raises Branzburg v. Hayes, reporters and grand jury testimony, but Gorsuch says he's not touching it.
(Because cases come to the court on the issue.)
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.
We're back to Byron White talk.
Gorsuch talking about overcriminalization now.
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."
Franken: "Apparently, there are no animal cruelty laws there?" Gorsuch, laughing: "You sound like my daughters on that score."
"You don't know what you would have done?" Franken says, of the trucker case. Gorsuch says he empathizes, but won't answer.
"I'm not a lawyer, but I've been on this committee for eight years, and I've paid attention," Franken says.
Franken then talks about "absurd results" exception to "plain meaning" rule.
"I had a career in identifying absurdity, and this is absurd," Franken says, adding Gorsuch's decision makes him question his judgment.
Franken now detailing Gorsuch's political past, as a pushback on Gorsuch's claim to Franken re: Garland that "I try to avoid politics."
Franken: "Do you think Merrick Garland was treated fairly by the US Senate?"
Gorsuch says that judicial ethics prevent him from talking about politics. Franken says no. Gorsuch says "by definition" it's politics.
Ken Mehlman was Gorsuch's law school roommate, and Mehlman put Gorsuch in Ohio in 2004 for the final days.
Franken: "How do you feel about the right to marry being put on the ballot?" Gorsuch dodges, then says he won't comment on personal views.
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