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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Al Franken just laughed out loud at the line of questions, and I have never felt so at one with Al Franken.
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Note: This evening session began with Grassley announcing that he's leaving Tillis in charge starting at 8p so he can get home to bed.
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Blumenthal is up. He's starting with Trump.
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Blumenthal is really trying to press Gorsuch to talk. Gorsuch is dodging. "Respectfully, I think I've gone as far as I can go."
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Gorsuch says that Trump told him he would have won Colorado if he had more time.
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We're now on "Do you think 'Brown v. Bd of Education' was right?" portion of the hearing.
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Unwilling to say yes, Gorsuch says it was "correct application of precedent."
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Blumenthal says CJ Roberts said "I do" on whether it was right. Eventually, Gorsuch calls Plessy "one of the great stains" of judiciary.
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On Griswold, Gorsuch talks about "reliance" on "precedent," adds that he doubts any state would pass a law violating Griswold.
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DORMANT COMMERCE CLAUSE! DRINK!
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Gorsuch often speaks like he's a character in the Key Moment of a Lifetime movie.
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I have never stared so directly at four faces.pic.twitter.com/sec6kMOSMg
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(We're on Crapo now. Then, three more left.)
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Hirono — the last Dem — is up. We're relitigating the "hole" v. "opening" case.
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"There's lots of room for congressional regulation" on campaign finance, Gorsuch says.
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"I have lots of concerns as a person and a citizen, but now I am a judge," Gorsuch says, not giving personal views on $ in politics.
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Hirono raises Korematsu.
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Quick flip to asking if Korematsu would be applicable to [facts of travel EO]. "No," he says, noting he credits Katyal w confessing error.
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Hirono raises Stephen Miller comments about unreviewability of nat sec orders, and Gorsuch says everyone can bring cases to ct to be judged.
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Hirono asks about Trump comments on judges. Gorsuch repeats that he can't comment on specific cases, is talking about indep judiciary.
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Gorsuch says he has sent lawyer referrals to the bar for misconduct. "I am nobody's rubber stamp."
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Hirono asks about Obergefell, which she can't say. :-(
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Tillis is up, talking about Common Sense, and Citizens United, and that Elena Kagan's argument as SG was to ban political speech.
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Tillis said the Republicans have the "moral high ground" on nominations, b/c they didn't stop Sotomayor or Kagan's nomination.
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Tillis now having Gorsuch repeat the discussion of the maternity discussion from his class, adding letters to the record in support.
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We're back to TransAm Trucking. Here is the opinion again: https://www.ca10.uscourts.gov/opinions/15/15-9504.pdf …
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Sen. Kennedy (R-La.) is the FINAL senator on the committee. He says hearing could have turned into "The Gong Show very easily," but didn't.
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"Senator, I was blessed with an active and robust practice."
#SCOTUSconfirmationhearingsafterdark -
We're on federalism and DWI/DUI law now. Michigan v. Long. Adequate and independent state grounds. Look it up, kids.
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