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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"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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RATIONAL BASIS WITH BITE. DRINK!
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Kennedy: "I wanna talk about the TransAm case." [audible sigh from the audience/press]
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Kennedy asks Gorsuch to tell him about "something that is a good idea that's unconstitutional?" Gorsuch, sighing: "It's been a long day."
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Kennedy asks about penumbras and unenumerated rights. Gorsuch says the court has interpreted the Constitution.
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"If you legalize it, it cheapens life," Kennedy says of euthanasia. Gorsuch returns to his position about vulnerable populations.
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