Klobuchar says she'd think it would be easy to commit to applying judicial ethics rules to the Supreme Court.
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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
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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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"You don't know what you would have done?" Franken says, of the trucker case. Gorsuch says he empathizes, but won't answer.
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"I'm not a lawyer, but I've been on this committee for eight years, and I've paid attention," Franken says.
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Franken then talks about "absurd results" exception to "plain meaning" rule.
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"I had a career in identifying absurdity, and this is absurd," Franken says, adding Gorsuch's decision makes him question his judgment.
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Franken now detailing Gorsuch's political past, as a pushback on Gorsuch's claim to Franken re: Garland that "I try to avoid politics."
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Franken: "Do you think Merrick Garland was treated fairly by the US Senate?"
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Gorsuch says that judicial ethics prevent him from talking about politics. Franken says no. Gorsuch says "by definition" it's politics.
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Ken Mehlman was Gorsuch's law school roommate, and Mehlman put Gorsuch in Ohio in 2004 for the final days.
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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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"How have your views on marriage equality changed since 2004?" Gorsuch says not going to say.
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He did say — if I caught it right — that marriage equality is "settled law," but noted that related issues remain pending before the courts.
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Matt also heard it like that:https://twitter.com/fordm/status/844284443753897984 …
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Franken closes by talking about Bannon, the administrative state, Chevron, and GOP hopes for undermining or reversing Chevron.
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Now up: Sen. Sasse, talking about peeing and umpires.
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Here's the "settled law" exchange about marriage:https://twitter.com/davidmackau/status/844285451351588865 …
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I'd think this is a possibility; wonder if Alito is watching and looking at the Masterpiece Cakeshop docket:https://twitter.com/DavidLat/status/844287365485150208 …
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Sasse asking about civics education, talking about the role of all three branches in advancing education about civics.
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Highlighting Justice O'Connor's efforts at civic education, Gorsuch talks about the importance of teaching about our country's government.
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On writing decisions, Gorsuch: "People ask who you're writing for. I'm writing for myself, trying to convince myself that I'm right."
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