Klobuchar finally raises Branzburg v. Hayes, reporters and grand jury testimony, but Gorsuch says he's not touching it.
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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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Coons, then — Grassley tells us — a 10-minute break.
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Coons asks about Gorsuch's use of the term "complicity" in his Hobby Lobby decision.
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Gorsuch says it's not new, pointing to pre-Employment Division decisions.
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Coons: "When do we stop deferring to an employer's religious beliefs?"
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Gorsuch on RFRA: "That's the law you [Congress] set forth." ... beliefs / burdens / interest / tailoring ... he says Congrss sets the test.
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Coons brings up Gorsuch's views on the "inviolability of human life" in his book. Gorsuch says he mischaracterized the book.
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Gorsuch says there is a right to "be left alone" at the end of life. That's Cruzan, here:https://www.law.cornell.edu/supremecourt/text/497/261 …
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Gorsuch says that it's a different question to go further in having assistance in dying.
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Gorsuch: "Privacy is in a variety of places on the Constitution," noting aspects of 1, 3, 4, and 14 Amendments.
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Gorsuch: "Yes, the Constitution definitely contains privacy rights."
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As a commentator, Gorsuch says, not a judge, he says he has concerns about what legalization would mean for vulnerable people.
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He added that he said then that it should be left to states.
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Incidentally, Coons refers to prostitution and drug use as "more shocking" than physician-assisted suicide.
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Jeff Flake is asking his family's questions. So, that's where we're at. "Telluride" just came up, so, if you had that, drink.
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