IS FOLLOWED BY OTHER NOMINEES FOR DISTRICT COURT IN TENNESSEE. AND CIVIL RIGHTS DIVISION. THIS HEARING WAS HELD BY THE JUDICIAL COMMITTEE. IT'S THREE AND A HALF HOURS. >>> WE APPRECIATE EVERYBODY BEING HERE. I TURNED IT ON. ESPECIALLY WELCOME THE NOMINEES AND THEIR FAMILIES. TODAY NOMINATION HEARING. THIS IS THE TENTH NOMINATION HEARING THE COMMITTEE HAS HELD THIS YEAR. I WANT TO TAKE A MINUTE TO THANK RANKING MEMBER AND HER STAFF FOR WORKING DILIGENTLY. WITH MY STAFF. AND THIS SENATOR TO PROCESS THESE NOMINEES. FILLING JUDICIAL VACANCIES, AND EXECUTIVE APPOINTMENTS IS AN IMPORTANT PART OF COMMITTEE RESPONSIBILITY. AND I KNOW THAT ALL MEMBERS OF THE COMMITTEE TAKE THIS RESPONSIBILITY SERIOUSLY. TODAY, WE'LL HEAR FROM TWO PANELS. FIRST WE'LL HEAR FROM THE NOMINEES TO THE CIRCUIT COURT. NOTER DAME LAW PROFESSOR. AND MICHIGAN SUPREME COURT JUSTICE. OUR SECOND PANEL WILL HEAR FROM ERIC. TO BE HEAD OF THE CIVIL RIGHTS DIVISION. AND THE DEPARTMENT OF JUSTICE WILL ALSO HEAR FROM TWO NOMINEES TO THE DISTRICT COURT JUDGES IN TENNESSEE. I UNDERSTAND THAT THERE'S SOME CONCERN WITH HAVING TWO CIRCUIT COURT NOMINEES ON A HEARING AGENDA. SO I THOUGHT I'D EXPLAIN THIS. BECAUSE IT'S UNUSUAL. WHEN THE MAJORITY LEADER EXTENDED THE SENATE SCHEDULE IN TO AUGUST. WE SCHEDULED A NOMINATION HEARING TO BE CONSIDERED FOR PROFESSOR NOMINATION. AND THAT WAS SCHEDULED TO BE AUGUST 9. THAT HEARING WAS POSTPONED WHEN THE SENATE WENT INTO RECESS. A WEEK EARLIER THAN PREVIOUSLY SCHEDULED. SO I DECIDE TO MAKE UP FOR THAT HEARING THAT WE LOST IN AUGUST. TO COMBINE PROFESSOR BAR RETS HEARING WITH TODAY'S HEARING. OF COURSE I AIM TO BE FAIR IN THE PROCESS AND MAKE SURE THE OTHER SIDE HAVE AMPLE TIME TO REVIEW THE NOMINATION QUALIFICATIONS. WE HAVE HAD PROFESSOR BAR RETS MATERIAL FOR 120 DAYS AND JUSTICE LAR SONS MATERIAL FOR 96 DAYS. I BELIEVE THIS IS MORE THAN ENOUGH TIME FOR THOROUGH REVIEW. BUT IT'S ALSO IMPORTANT TO NOTE THAT HOLDING A HEARING WITH MULTIPLE NOMINEES IS NOT NEW. SINCE I JOINED 36 YEARS AGO HAS HELD HEARINGS WITH MULTIPLE CIRCUIT COURT NOMINEES, AND EVEN BEFORE THAT. CHAIRMAN KENNEDY HAD ONE HEARING WITH SEVEN CIRCUIT COURT NOMINEES. TODAY'S NOMINEES ARE INDEED IMPORTANT. AS ARE THE POSITIONS TO WHICH THEY'RE NOMINATED. AS AN ACCOMMODATION TO THE MINORITY I'M HAPPY TO GIVE SENATOR 7 MINUTES FOR THE FIRST ROUND OF QUESTIONING FOR THE FIRST PANEL. RATHER THAN THE STANDARD FIVE. AND OF COURSE I'LL MAKE SURE THAT SENATORS ARE ALLOWED TO ...

ASK AS MANY ROUNDS OF QUESTIONS AS THEY'D LIKE TO. IN ORDER TO ENSURE EVERYBODY. HAVING THEIR QUESTIONS ANSWERED. NOW SENATOR FINESTEIN. >> THANK YOU VERY MUCH, MR. CHAIRMAN. I'D LIKE TO WELCOME OUR NOMINEES AND THEIR FAMILIES. AND FRIENDS TO THE SENATE JUDICIAL YAR COMMITTEE TODAY. AS YOU HAVE CORRECTLY STATED, WE CONSIDER FOUR JUDICIAL NOMINEES AS WELL AS ERIC DRY BANDS NOMINATION TO LEAD THE JUSTICE DEPARTMENT CIVIL RIGHTS DIVISION. NOW, A NUMBER OF TROUBLING DEVELOPMENTS HAVE OCCURRED IN THE PAST MONTH. AND I THINK THEY HAVE IMPLICATIONS FOR THE NOMINEES AND NOMINATIONS THAT WE'RE CONSIDERING TODAY. TODAY, WE'RE EVALUATING A NOMINEE TO LEAD THE CIVIL RIGHTS DIVISION. AGAINST THE BACKDROP OF WHAT HAPPENED IN CHARLOTTESVILLE IN AUGUST. WHEN NEO NAZIS AND WHITE SU PREMISTS GATHERED AT THE UNITE THE RIGHT RALLY AND VIOLENCE ENSUED. AS EVERYBODY KNOWS, A WOMAN NAMED HEATHER HIRE WAS KILLED BY ONE OF THE RALLY ATTENDEES. DRIVING HIS CAR DIRECTLY AND INTENTIONALLY INTO A CROWD. WHICH KILLED 32 YEAR-OLD HEATHER. AND INJURED 19 OTHERS. NOW MOST PUBLIC OFFICIALS CONDEMNED THIS VIOLENCE. AND CONDEMNED THE HATEFUL IDEOLOGY THAT MOTIVATED IT. THE PRESIDENT DID NOT INITIALLY. INSTEAD HE SAID THERE IS BLAME ON BOTH SIDES. AND I THINK I FOUND THAT A REALLY SHOCKING STATEMENT. AND I THINK IT'S AAPPLICABLE HERE TO THE EXTENT IT AFFECTS A NOMINEES SERVICE IN THE CIVIL RIGHTS AREA. BECAUSE THERE ARE NOT TWO SIDES WHEN ONE SIDE CONTAINS NEO NAZIS AND WHITE SUPREME CYST. THESE ARE IDOLOGIES THAT PEOPLE ACROSS THE WORLD DIED IN A WAR FIGHTING TO DEFEAT NAZIISM. SENATOR HATCH SAID HIS BROTHER DIED IN WORLD WAR II. FIGHTING NAZIISM. SO THERE ISN'T ANY GOOD IN NAZIISM. AND MR. DRY BAND, I'M GOING TO BE SPECIFICALLY INTERESTED IN YOUR VIEWS ON WHAT THE CIVIL RIGHTS DIVISION WOULD DO UNDER YOUR LEADERSHIP TO ENFORCE OUR LAWS AGAINST HATE CRIMES AND COMBAT RACIAL AND RELIGIOUS DISCRIMINATION. WHERE EVER IT IS FOUND. ADDITIONALLY, PRESIDENT TRUMP PARDONED FORMER SHERIFF JOE ARPAIO IN AUGUST. MANY I VIEWS ARE CLEAR. I'M FORMER MAYOR, I KNOW A LITTLE BIT ABOUT RACIAL PROFILING. I KNOW THE STRUGGLE THAT WE HAVE HAD IN POLICE DEPARTMENTS INCLUDING MY OWN. TO PREVENT THAT FROM CONTINUING. AND MANY OF US FEEL THAT JOE ARPAIO SHOULD NOT HAVE BEEN PARDONED. HE BRAISEINGLY DEFIED A FEDERAL JUDGES COURT ORDER TO STOP RACIAL PROFILING. AND CONTINUED TO DO SO UNTIL BEING CONVICTED OF CRIMINAL CONTENT. A PARDON FOR THAT KIND OF CONDUCT DEMONSTRATES SOME DISREGARD FOR THE RULE OF LAW IN THIS COUNTRY. THE JUSTICE DEPARTMENT CIVIL RIGHTS DIVISION, THE DIVISION THAT MR. DRY BAND HAS BEEN NOMINATED TO LEAD. FOUND THAT SHERIFF ARPAIO SYSTEMICALLY VIOLATED THE CIVIL RIGHTS OF THE PEOPLE HE WAS CHARGED WITH SERVING AND PROTECTING FOR YEARS. PRESIDENT TRUMP INDICATED THAT HE APPROVES OF THAT BEHAVIOR WITH THIS DECISION. WHICH IN MY VIEW SERVES ONLY TO DEEPEN THE DIVISIONS IN OUR COUNTRY. I'M INTERESTED IN WHAT MR. DRY BAND AND OUR JUDICIAL NOMINEES THINK ABOUT THE ARPAIO PARDON. AND WHAT MESSAGE THEY THINK SUCH A PARDON SENDS TO PEOPLE ABOUT THE IMPORTANCE OF COMPLYING WITH COURT ORDER. WHICH IS CRITICAL TO THE RULE OF LAW. I'M ALSO INTEREST ND WHAT MESSAGE MR. DRY BAND BELIEVES THIS SENT TO MINORTIES ACROSS THE COUNTRY. WHEN THE PRESIDENT EAGERLY EXONERATES AN OFFICER OF THE LAW WHO SYSTEMICALLY VIOLATED THE RIGHTS OF PEOPLE OF COLOR WITH IMPUNITY. I BELIEVE THE PRESIDENT HAS SENT AN UNMISTAKABLE MESSAGE TO LAW ENFORCEMENT. THAT RACIAL PROFILING IS AN ACCEPTABLE POLICE PRACTICE. AND THAT SHOULD CONCERN US ALL. SO TODAY WE'LL CONSIDER THE NOMINATIONS OF TWO CIRCUIT COURT NOMINEES. PROFESSOR AMY CONENY TO THE SEVENTH CIRCUIT COURT. AND SIXTH. CIRCUIT COURT NOMINATIONS ARE EXTREMELY IMPORTANT. IF CONFIRMED, PROFESSOR BAR RET AND JUSTICE LAR SON WOULD SIT ON COURTS THAT ARE JUST ONE STEP BELOW THE UNITED STATES SUPREME COURT. AND BECAUSE THE SUPREME COURT HEARS SO FEW CASES EACH YEARS ...

THE COURTS OF APPEALS ARE REALLY THE LAST WORD AND LAST RESORT FOR MOST PEOPLE IN MANY OF THE CASES. THE COMMITTEE, MR. CHAIRMAN WILL FULLY AND SFARLY...

NOMINEES. I THANK YOU AND LOOK FORWARD TO THE HEARING. >> THANK YOU, VERY MUCH. WE'LL CALL ON OUR COLLEAGUES. FIRST SENATOR CORKER. TO INTRODUCE HIS NOMINEES. AND THEN SENATOR YOUNG FOR HIS NOMINEE. >> I SHOULD SAY THE PRESIDENT'S NOMINEES AND YOU'RE HEAR TO SUPPORT THEM. >> YES, SIR. MR. CHAIRMAN, RANKING MEMBER, THANK YOU BOTH FOR ALLOWING US TO BE HERE. I KNOW SENATOR YOUNG AND I BOTH SERVE ON THE FOREIGN RELATIONS COMMITTEE AND WE'RE GLAD TO BE IN THE HALLOWED GROUND OF THIS COMMITTEE. AND THANK YOU FOR THE WAY YOU CONDUCT YOUR BUSINESS. IT'S MY PLEASURE TO INTRODUCE TWO TENNESSEENS TO COMMITTEE TODAY. I'D LIKE TO THANK PRESIDENT TRUMP AND HIS TEAM FOR MAKING SUCH EXCELLENT NOMINATIONS AND PRIORITIZING TENNESSEE. FIRST I'D LIKE TO INTRODUCE THOMAS LEE ROBYN SON PARKER. PRESIDENT TRUMPS NOMINEE FOR THE UNITED STATES DISTRICT COURT JUDGE FOR THE WESTERN DISTRICT OF TENNESSEE. I'M PLEASED TO WELCOME TOMMY AND ALL THOSE HERE SUPPORTING HIM TODAY. HIS WIFE ALLISON AND HIS THREE DARS. KATH LINN, ANNY AND SHOULD BE PROUD. I UNDERSTAND ELEN STAYED HOME. SHE'S THE MOST STUDIO AND STAYED HOME TO GO TO SCHOOL. THE OTHER TWO DAUGHTERS ARE HERE. HE ATTENDED UNIVERSITY OF TENNESSEE AND SOUTH CAROLINA. AND WENT ONTO EARN HIS LAW DEGREE FROM VANDERBILT UNIVERSITY SCHOOL OF LAW. HE HAS A DISTINGUISHED LEGAL CAREER AS A LIT GATOR AND FORMER FEDERAL PROSECUTOR IN MEMPHIS. AMERICAN BAR ASSOCIATION UNANIMOUSLY RATED HIM WELL QUALIFIED AND I'M CONFIDENT THAT HE UNDERSTANDS THE PROPER ROLE OF A JUDGE AND WILL FAITHFULLY UPHOLD THE LAW. HIS EXPERIENCE IN CIVIL AND CRIMINAL MATTERS WILL SERVE THE WESTERN DISTRICT OF TENNESSEE WELL. TENNESSEE ALSO TOMMY HAS A RECORD OF SERVICE TO HIS COMMUNITY, INCLUDING SERVING ON THE BOARD OF DIRECTORS AT THE COURT APPOINTED SPECIAL ADVOCATE ASSOCIATION. VOLUNTEER CENTER OF MEMPHIS AND YOUTH VILLAGE. I SUPPORT HIS NOMINATION AND THANK THIS COMMITTEE. AND SUPPORT HIS CONFIRMATION. NEXT I WOULD LIKE TO INTRODUCE WILLIAM CHIP CAMP BELL. PRESIDENT TRUMP'S NOMINEE FOR THE UNITED STATES DISTRICT COURT JUDGE FOR THE MIDDLE DISTRICT OF TENNESSEE. I'D LIKE TO ACKNOWLEDGE HIS WIFE, HIS SON JOHN AND HIS PARENTS BETH AND BILL CAMP BELL. WHO ARE WITH HIM HERE TODAY. A NATIVE OF NASHVILLE, CHIP ATTENDED FRANKLIN ROAD ACADEMY BEFORE ENTERING THE U.S. NAVAL ACADEMY. WHERE HE EARNED AN IN THE U.S. NAVAL FORCE AND BECOME A FLIGHT OFFICER. HE ATTENDED LAW SCHOOL AT THE UNIVERSITY OF ALABAMA. WHERE HE RECEIVED MULTIPLE ACADEMIC HONORS AND SERVED AS THE EDITOR IN CHIEF OF THE ALABAMA LAW REVIEW. UPON COMPLETION OF LAW SCHOOL, HE JOINED A BIRMINGHAM LAW FIRM BUT LATER RETURNED TO TENNESSEE AND BECAME A PARTNER AT A LAW FIRM. THE AMERICAN BAR ASSOCIATION ALSO UNANIMOUSLY RATED CHIP WELL QUALIFIED. I AM CONFIDENT HE WILL FAITHFULLY UPHOLD THE CONSTITUTION AND IMPARTIALLY APPLY THE LAW. HIS EXPERIENCE WILL BENEFIT THE MIDDLE DISTRICT GREATLY. IN ADDITION TO HIS CAREERS, LITIGATOR. HE DEMONSTRATED A COMMITMENT TO THE NASHVILLE COMMUNITY. HE IS A MEMBER OF CHURCH WHERE HE TEACHES SUNDAY SCHOOL AND ALSO VOLUNTEERS HIS TIME. GUIDING PERSPECTIVE NAVAL ACADEMY APPLICANTS THROUGH THE ADMISSIONS PROCESS. I CONGRATULATE CHIP ON HIS NOMINATION. AND URGE MY COLLEAGUES TO SUPPORT HIS NOMINATION. I WOULD LIKE TO MENTION IF I COULD THE MIDDLE DISTRICT HAS LOST TWO ACTIVE AND TWO SENIOR JUDGES SINCE NOVEMBER OF 2016. AND THE TWO REMAINING JUDGES NOW CARRY A WEIGHTED CASE LOAD OF 780 PER JUDGESHIP. SENATOR CANE WORKED HARD ON THIS ISSUE. THIS IS A FOURTH HIGHEST CASE LOAD OF ANY DISTRICT WHETHER JUDICIAL EMERGENCY IF YOU MIGHT TAKE THAT INTO ACT AS YOU MOVE BOTH OF THE NOMINEES THROUGH. I'D APPRECIATE IT. AGAIN I APPRECIATE PRESIDENT TRUMP. THE CHAIRMAN. AND THIS COMMITTEE MOVING QUICKLY ON THE NOMINATIONS AND LOOK FORWARD TO WORKING WITH YOU TO SEE ALL THE JUDICIAL NOMINEES FOR TENNESSEE CONFIRMED AS QUICKLY AS POSSIBLE. SENATOR WANTED TO BE HERE ALSO. HE'S CHAIRING A HEARING ON ...

HELPING AMERICANS IN THE INDIVIDUAL INSURANCE MARKET. THERE'S NO OBJECTION, I'D ASK HIS REMARKS BE ENTERED INTO THE RECORD. BY UNANIMOUS CONSENT. THANK...

THE NOMINEES. >> THANK YOU SENATOR CORKER. AND I DON'T THINK WE ASK MEMBERS QUESTIONS SO YOU'RE FREE STAY OR GO. WHATEVER YOU WANT TO DO. >> I THINK YOU'RE TELLING ME TO LEAVE. I WISH YOU WELL. >> I NEVER ANOTHER SENATOR WHAT TO DO. I ASK THEM WHAT TO DO. SENATOR YOUNG. >> THANK YOU, CHAIRMAN. AND RANKING MEMBER. IT REALLY IS MY HONOR AND PRIVILEGE TO BE HERE TODAY AND INTRODUCE AND OFFER MY STRONGEST SUPPORT FOR AMY COMBMY. WHO HAS BEEN NOMINATED BY THE PRESIDENT TO SERVE ON THE SEVENTH CIRCUIT. AS YOU CAN SEE, PROFESSOR COMES BEFORE THIS COMMITTEE TODAY NOT ONLY WITH MY SUPPORT, BUT WITH THE STRONG SUPPORT OF HER FAMILY. HER HUSBAND, HER PARENTS MICHAEL AND LINDA, AND HER SEVEN CHILDREN. THREE WITH US TODAY. I'D LIKE TO ADD BEFORE I TOUCH ON JUST A FEW OF PROFESSORS MANY PROFESSIONAL ACCOMPLISHMENTS THAT WHEN WE FIRST MET, IT WAS INCREDIBLY CLEAR TO ME THAT AMY WOULD PREFER AT HEART TO TALK ABOUT HER FAMILY. THAN TO BRAG ON HER OWN PROFESSIONAL ACCOMPLISHMENT. WHILE PUTTING TOGETHER HER VERY IMPRESSIVE CAREER. THEY HAVE BEEN BUSY RAISING SEVEN CHILDREN. IN HER CONVERSATIONS, SHE GUSHED ABOUT HIM AND I JUST RESPECT ALL SHE'S BEEN ABLE TO ACCOMPLISH. WHILE RAISING SUCH A BEAUTIFUL AND WELL BEHAVED CHILDREN WHO I HAD AN OPPORTUNITY TO MEET EARLIER. WITH THAT SAID, BEING NOMINATED TO SERVE IN A LIFETIME APPOINTMENT FOR A U.S. CIRCUIT COURT OF APPEALS IS A PRIVILEGE FEW IN THE LEGAL PROFESSION EVER ATTAIN. PROFESSOR IS QUALIFIED TO SERVE IN THAT ROLE. SHE BRINGS THE SKILL SET AND TEMPERMENT TO EXCEL AS A JUDGE. SHE'S A DISTINGUISHED LEGAL SCHOLAR AT NOTER DAME LAW SCHOOL. WITH DOZENS OF ARTICLES AND PRESENTATIONS ON THE POWERS AND PROCEDURES OF FEDERAL COURT. PROFESSOR GRADUATED FROM THE LAW SCHOOL AT THE UNIVERSITY OF NOTER DAME. WHERE SHE SERVED AS EDITOR OF THE NOTER DAME LAW REVIEW. AND EARNED THE PRIDES. THAT'S THE TOP AWARD FOR A STUDENT AT THAT LAW SCHOOL. SHE CLERKED FOR JUSTICE ANT. AND UNIVERSITY OF VIRGINIA BEFORE RETURNING TO NOTER DAME. AS A PROFESSOR, SHE'S PUBLISHED IN SUCH PUBLICATIONS OF VIRGINIA LAW REVIEW, TEXAS REVIEW AND CAR NEL LAW REVIEW. HER SCHOLARSHIP IS FOCUSSED. APPELLATE PROCEDURE, CANNONS OF CONSTRUCTION. JUDICIAL AUTHORITY, AND CONGRESSIONAL POWER. IN RECOGNITION OF HER EXPERTISE, SHE WAS APPOINTED BY CHIEF JUSTICE ROBERTS, A FELLOW HOOSHER. TO THE FEDERAL ADVISORY COMMITTEE ON APPELLATE RULES. AND SELECTED BY PEERS TO SERVE AS THE INCOMING CHAIR OF THE FEDERAL COURT SECTION OF THE AMERICAN ASSOCIATION OF LAW SCHOOL. SINCE BEING NOMINATED FOR THIS POSITION, THE PLOTS HAVE COME POURING IN. A GROUP OF 450 OF HER FORMER STUPT STUDENTS WROTE TO THIS COMMITTEE SAYING QUOTE OUR SUPPORT IS DRIVEN NOT BY POLITICS, BUT BY THE BELIEF THAT PROFESSOR IS SUPREMELY QUALIFIED. ALL 49 OF HER FELLOW FACULTY MEMBERS AT NOTER DAME LAW SCHOOL DID THE SAME. SAYING THAT WHILE QUOTE WE HAVE A WIDE RANGE OF POLITICAL VIEWS. ARIZONA AS WELL AS COMMITMENTS TO DIFFERENT APPROACHES TO JUDICIAL METHODOLOGY AND JUDICIAL CRAFT. WE ARE UNITED HOWEVER IN OUR JUDGMENT ABOUT AMY. THE AMERICAN BAR ASSOCIATION RATES HER AS WELL QUALIFIED. IN HER FELLOW SUPREME COURT LAW CLERKS ENDORSED HER. AS WELL AS DOZENS OF FELLOW PROFESSORS OF LAW FROM AROUND THE COUNTRY. I TAKE THE SENATE ROLE OF NOMINATING AND CONFIRMING QUALITY CANDIDATES TO THE FEDERAL COURT VERY SERIOUSLY. AND COULDN'T BE MORE PLEASED THAT PROFESSOR IS THE FIRST NOMINEE FROM THE STATE THAT THIS COMMITTEE WILL CONSIDER AND HOPEFULLY THE WHOLE SENATE WILL CONSIDER. REPUBLICANS AND DEMOCRATS ALIKE ARE PRAISING THE PICK. THIS IS A HISTORIC ...

OPPORTUNITY. AS PROFESSOR WOULD BE THE FIRST HOOSHER WOMAN RATHER TO HAVE A SEAT ON THE SEVENTH CIRCUIT COURT. THANK YOU FOR THIS OPPORTUNITY TO SPEAK OUT ON BEHALF OF PROFESSOR. AND TO GIVE ME HIGHEST RECOMMENDATION IN SUPPORT OF HER NOMINATION. THANK YOU, MR. CHAIRMAN. AND RANKING MEMBER FINESTEIN. ONCE AGAIN. >> THANK YOU, SENATOR YOUNG. THERE ARE TWO PEOPLE THAT COLLEAGUES WEREN'T ABLE TO INTRODUCE SO I'M GOING TO DO THAT. MICHIGAN SUPREME COURT JUSTICE JOAN LARSON AND NOMINATED FOR THE U.S. COURT OF APPEAL SIX CIRCUIT. NOMINATION IS SUPPORTED BY A BROAD COALITION OF LAWYERS, JUDGES, ACADEMIC COLLEAGUES, SHE'S WELL QUALIFIED TO SERVE THE PEOPLE IN THE SIXTH CIRCUIT AND THE COMMITTEE RECEIVED SEVERAL LETTERS IN SUPPORT OF HER NOMINATION. I ASK ONE LETTER FROM FORMER GOVERNMENT OFFICIALS INCLUDING OFFICIALS OF THE OBAMA ADMINISTRATION BE ENTERED AT THIS POINT WITHOUT OBJECTION. THAT WILL BE DONE. EVEN THOUGH SHE LIVES IN MICHIGAN, JUSTICE LARSON HAILS FROM MY STATE OF IOWA. SHE GRADUATED FROM THE UNIVERSITY OF NORTHERN IOWA IN 1990. AND THAT'S ABOUT 44 YEARS AFTER I GOT A DEGREE FROM THE SAME UNIVERSITY THAT THEN WAS CALLED IOWA STATE TEACHERS COLLEGE. THEN SHE WENT TO ATTEND THE NORTH WESTERN UNIVERSITY SCHOOL OF LAW. JUSTICE LARSON BEGAN HER LEGAL CAREER CLERKING FOR JUSTICE SENNAL OF THE DC CIRCUIT. AND SUPREME COURT. AFTER CLERKING SHE ENTERED PRIVATE PRACTICE SERVING TWO YEARS WITH A LAW FIRM. JUSTICE LAR SOP HAS TAUGHT CONSTITUTIONAL LAW, AND CRIMINAL LAW AT THE UNIVERSITY OF MICHIGAN LAW SCHOOL SINCE 1998. WHERE SHE HAS EARNED THE RESPECT OF FACULTY MEMBERS AND STUDENTS ALIKE. SHE WON THE L. HEART RIGHT AWARD FOR EXCELLENCE IN TEACHING EARLY IN HER CAREER. IN ADDITION TO HER TEACHING RESPONSIBILITY, JUSTICE LARSON RAN MICHIGAN'S CLERK SHIP PROGRAM. HELPING HUNDREDS OF STUDENTS AND ALUMNI PURSUE CLERK SHIPS AT THE FEDERAL AND STATE LEVEL. AS AN ADJUNCTION PROFESSOR SHE CONTINUES TO RUN THE LAW SCHOOLS COURT PROGRAM. A GROUP OF HER COLLEAGUES THERE HAVE SENT IN A LETTER IN SUPPORT OF HER NOMINATION. AND I ASK YOU UNANIMOUS CONSENT THAT WILL BE INCLUDED IN THE RECORD. WITHOUT OBJECTION. THAT WILL BE DONE. SHE ALSO SERVED AS A VISITING PROFESSOR AT THE UNIVERSITY OF IOWA COLLEGE OF LAW. AND NORTH WESTERN SCHOOL OF LAW. JUSTICE LARSON SERVED AS DEPUTY ASSISTANT ATTORNEY GENERAL. IN THE OFFICE OF LEGAL CONSOLE. WORKING TO PROVIDE LEGAL ADVICE TO THE PRESIDENT. AND EXECUTIVE AGENCIES ON DIFFICULT ISSUES OF CONSTITUTIONAL LAW AND STATUTORY INTERPRETATION. IN 2015, MICHIGAN GOVERNOR SNYDER APPOINTED JUSTICE LARSON TO THE MICHIGAN SUPREME COURT. SHE WAS ELECTED TO THE POSITION IN HER OWN RIGHT IN 2016. BY A RESOUNDING MAJORITY OUTSIDE OF THE COURTROOM. JUSTICE LARSON IS ACTIVELY INVOLVED IN VOLUNTEER WORK. TO SERVE A DISADVANTAGE CHILDREN. AND SHE WORKS VERY MUCH IN MICHIGAN'S VETERAN DRUG PROGRAM. AS WELL AS A MENTAL HEALTH PROGRAM. WELCOME TO YOU AND YOUR FAMILY. ERIC DRIS BAND IS NOMINATED TO BE ASSISTANT ATTORNEY GENERAL OF THE CIVIL RIGHTS DIVISION. DOJ. JD DEGREE FROM NORTH WESTERN UNIVERSITY SCHOOL OF LAW. 92. HE THEN CLERKED FOR JUSTICE WILLIAM BOWER ON THE SEVENTH CIRCUIT. IN 94. HE JOINED BROWN AND IN CHICAGO. IN 97 HE SERVED AS AN ASSOCIATE INDEPENDENT CONSOLE IN THAT POSITION. WORKED AS A FEDERAL PROSECUTOR CLOSELY COORDINATING THE FEDERAL BUREAU OF INVESTIGATION AND OTHER AGENCIES. AFTER BRIEFING RETURNING TO PRIVATE PRACTICE IN 2000 HE JOINED THE U.S. DEPARTMENT OF LABOR. IN THE WAGE AND HOUR DIVISION. 2002. THEN SHEFSHED AS DEPUTY ADMINISTRATOR AND FORCING FEDERAL LABOR LAWS. SUCH AS THE FAIR LABOR STANDARDS ACT AND FAMILY AND MEDICAL LEAVE ACT UNTIL ACCEPTING A POSITION AS GENERAL CONSOLE AT THE E, OC IN 2003. HE LEFT THAT AGENCY 205. JOINING GUMP IN DC. AND JOINED THE WASHINGTON DC FIRM OF AS A PARTNER IN 2008. HE HAS DEDICATED HIS SIGNIFICANT PORTION OF HIS CAREER TO WORKING FOR THE U.S. GOVERNMENT. ENFORCING FEDERAL EMPLOYMENT AND LABOR LAWS SUCH AS THE AGE DISCRIMINATION AND EMPLOYMENT ACT. TITLE 7 THE CIVIL RIGHTS ACT. FAMILY AND MEDICAL LEAVE ACT. AND THE FAIR LABOR STANDARDS ACT. WHICH AFFECTS MILLIONS OF MERNLS EVERY DAY. HE'S BEEN RECOGNIZED AS QUOTE THE TOP RATED EMPLOYMENT LITIGATION ATTORNEY BY DC SUPER-LAWYERS. AND BAND ONE LABOR AND EMPLOYMENT ATTORNEY IN CHAMBERS USA. FOR THE LAST TWO YEARS. I'M CONFIDENT THAT HIS EXTENSIVE EXPERIENCE AS LATE GATOR AND HIS CAREER IN GOVERNMENT SERVICE WILL HELP LEAD TO CIVIL LEAD HIM TO HELP RUN THE CIVIL RIGHTS DIVISION. I'M GOING TO ASK OUR TWO NOMINEES TO COME NOW. AND BEFORE YOU SIT, I WOULD LIKE TO SWEAR YOU. >> SENATOR YOUNG, I'M SORRY. I DIDN'T. YOU CAN GO AS A. >> GOOD BEING WITH YOU, CHAIRMAN. THANK YOU. >> DO YOU AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE BEFORE THE COMMITTEE WILL BE THE TRUTH THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD? BOTH HAVE AFFIRMED. PLEASE BE SEATED. AND WE'LL START WITH MISS BAR RET. YOU GO AHEAD AND SAY ANY ...

STATEMENT YOU WANT TO. AND ANY INTRODUCTION A FAMILY AND FRIENDS AND THEN WE'LL GO TO JOAN LARSON TO DO THE SAME THING. PUSH THE RED BUTTON OR WHATEVER...

JUDGE. IT MEANS A LOT TO HAVE HIM HERE WITH YOU AS I TESTIFY TODAY. THANK YOU. >> THANK YOU PROFESSOR. JUSTICE LARSON. >> THANK YOU, CHAIRMAN. RANKING...

BEEN GRATEFUL TO THEM AND TO THE WHOLE FAMILY FOR THE FRIENDSHIP THEY HAVE SHOWN ME THROUGH THE YEARS. I NOTICED IN THE GALLERY SOME OF MY FORMER STUDENTS...

THIS. TO CONSIDER THIS ISSUE FURTHER. WILL YOU ELABORATE ON THE STATEMENTS AND DISCUSS HOW YOU VIEW THE ISSUE OF FAITH VERSUS FULFILLING THE RESPONSIBILITY...

WHICH IS THAT IF THERE'S EVER A CONFLICT BETWEEN A JUDGES PERSONAL CONVICTION AND THAT JUDGES DUTY UNDER THE RULE OF LAW, THAT IT IS NEVER EVER PERMISSIBLE...

THAN WHAT THE LAW REQUIRES. THAT ARTICLE EMPHASIZED THAT POINT REPEATEDLY. AND I ADHERE TO THAT TODAY. >> NOBODY STARTED THE APPLAUD. SOMEBODY NEEDS TO...

ARE BOUND TO FOLLOW THE PRES DEPT OF THEIR OWN CIRCUIT ACCORDING TO TO THE CIRCUIT DOCTRINE. AND FOR EXAMPLE IN THE SEVENTH CIRCUIT THAT MEANS THAT JUDGES...

THOSE BRANCHS. AS I SAID IN THE SUPREME COURT HEARING. JUDGES MUST BE EQUALLY INDEPENDENT OF THE PRESIDENT WHO NOMINATES THEM AND THE SENATORS WHO CONFIRM...

QUESTION. I WOULD HAVE NO TROUBLE RULING AGAINST THE PRESIDENT WHO APPOINTED ME. OR ANY SUCCESSOR PRESIDENT AS WELL. JUDICIAL INDEPENDENCE MEANS ONE THING....

ABOUT YOUR NOMINATION AND YOUR INDEPENDENCE. A LOT -- MUCH HAS BEEN MADE ABOUT THE LIST OF JUDGES THEN CANDIDATE TRUMP PROPOSE AS POSSIBLE NOMINEES. OF...

ON THE MICHIGAN SUPREME COURT. AND THE WAY I LEARNED ABOUT IT IS THAT FIRST MY COLLEAGUE JUSTICE SAID TO ME, YOU'RE ON A LIST. AND THEN MY PHONE STARTED...

OR REVIEWING THESE MEMOS. >> NO, I DID NOT. >> DID YOU WORK ON ANY MATTERS INVOLVING TORTURE OR RENDITION? >> NO, I DID NOT. >> TO THE EXTENT THEY ARE...

ATTORNEY GENERAL RATHER THAN THE GRAND JURY COULD ISSUE A SUBPOENA. AND I CONCLUDED THAT THE STATUTE SAID THE ATTORNEY GENERAL COULD ISSUE THE SUBPOENA...

SUPER-PRECEDENT BECAUSE IT HAS VOOIFED MORE THAN 3 DOZEN ATTEMPTS TO OVER TURN IT. SO IN A EVALUATING SUPER PRECEDENTS, WHY DID YOU SOLELY FOCUS ON THE...

PROFESSORS. SERIOUS, WELL RESPECTED SCHOLARS LIKE HARVARD AND NORTH CAROLINA. IT WASN'T MY LIST. I WAS QUOTING THEM AND THEIR DEFINITION OF SUPER PRESCEDENT....

TO OVERTURN PRECEDENT, RELIANCE INTERESTS SHOULD, QUOTE, COUNT FAR LESS WHEN PRECEDENT CLEARLY EXCEEDS A COURT'S IRN TERP PRATIVE AUTHORITY, ENQUOTE. GIVE...

COURT PRECEDENTS? >> YES. >> WELL, ROWE AND CASEY AND IT'S PROD AGAINNY, ROWE HAS BEEN AFFIRMED MANY TIMES AND SURVIVED MANY CHALLENGES IN THE COURT AND...

AND I WOULD HAVE NO INTEREST IN AS A COURT OF APPEALS JUDGE CHALLENGING THAT PRECEDENT. IT WOULD BIND. >> WELL, LET ME ASK ONE OTHER QUESTION ON RELIANCE...

CASEY, THE COURT IN EVALUATING THE STAR DECISIS QUESTION, WADE, THE COURT ITSELF WEIGHED WOMEN'S RELIANT INTEREST IN PLANNING THEIR LIVES AND SO THE COURT...

THEORIES OF EXECUTIVE POWER. TO JUSTIFY THE USE OF TORTURE AND OTHER ENHANCED INTERROGATION TECHNIQUES. DURING MANY OF THOSE SO-CALLED TORTURE MEMOS WERE...

TORTURE MEMOS? >> NO, I DID NOT, SENATOR. I DID NOT EVEN KNOW THAT THEY WERE BEING PRODUCED IN OUR OFFICE. NATIONAL SECURITY MATTERS IN THE JUSTICE DEPARTMENT...

ON THIS COMMITTEE. >> THAT MIGHT BE RIGHT. >> -- HAD ASKED TO SEE THESE OPINIONS AND, OF COURSE, WERE DENIED THE OPINIONS IN THE EARLY DAYS WHEN THEY WERE...

COLLEAGUES AND ANYONE IN OLC OR DEPARTMENT LEADERSHIP? >> WELL, I WAS BACK TEACHING AT THE UNIVERSITY OF MICHIGAN LAW SCHOOL, I WAS NOT IN GOVERNMENT AT...

SO YOU HAD NO ROLE IN DRAFTING, REVIEWING, OR OTHERWISE CONTRIBUTING TO MEMOS ON INTERROGATION PRACTICES, DETENTION POLICIES AND PRACTICES, RENDITION,...

PUBLISHED OPINIONS, FOR EXAMPLE, IS AN INTERPRETATION OF THE PATRIOT ACT ASKING WHETHER OR NOT THE PATRIOT ACT AUTHORIZES GRAND JURIES TO ISSUE SUBPOENAS...

FOREIGN BANKS. IS THAT AN OPINION RELATED TO THE WAR ON TERROR? I'M NOT SURE. BUT I WANT TO ANSWER YOUR QUESTION AS FAITHFULLY AS I CAN. >> YEAH. LET ME...

PRIVILEGED, THE JUSTICE DEPARTMENT HAS CLAIMED PRIVILEGE OVER IT AND SO IT IS MY ETHICAL OBLIGATION NOT TO DISCLOSE THAT OR ANY OTHER ADVICE GIVEN TO THE...

DEATH PENALTY CASE. ACCORDING TO YOUR CRITICS, YOU BELIEVE THAT IN SUCH A CONFLICT THE JUDGE'S PERSONAL VIEWS WIN. AS I READ THE ARTICLE, HOWEVER, YOU...

OBLIGATION IMPOSED BY THE FEDERAL RERESCUESAL LAWS, IF A JUDGE EVER FELT THAT FOR ANY REASON THAT SHE COULD NOT APPLY THE LAW, HER OBLIGATION IS TO RECUSE....

STAIRRY DE ISIS. AND THE ISSUE IS IMPORTANT FOR FEDERAL JUDGE WHO'S DEAL WITH WRITTEN LAW SUCH AS STATUTES AND THE CONSTITUTION. THAT SAME LEFT WING GROUP...

YOU IN ITS REPORT. QUOTE, MORE OVER, BARRETT HAS SAID THAT JUDGES SHOULD NOT BE BOUND BY STAIRRY DE ISIS, UNQUOTE. IS THAT TRUE. >> I HAVE NOT SAID THAT...

THE FIRST TIME THAT OUTSIDE GROUPS OR SENATORS HAVE OBJECTED TO A NOMINEE'S RELIGIOUS VIEWS. THEY MUST NOT HAVE RAETD THE CONTUSION WHICH PROHIBITS A RELIGIOUS...

THEIR OBLIGATIONS AS A JUDGE. AND WERE I CONFIRMED AS A JUDGE, I WOULD DECIDE CASES ACCORDING TO RULE OF LAW BEGINNING TO END AND IN THE RARE CIRCUMSTANCE...

NOMINEE'S JUDICIAL PHILOSOPHY IS WHETHER JUDGES MAY USE FOR FOREIGN LAW TO INTERPRET DOMESTIC LAW SUCH AS THE CONSTITUTION. IN ONE ARTICLE YOU DISTINGUISH...

BE A DOMESTIC SOURCE. SO, FOR EXAMPLE, IN THE CASE OF WASHINGTON VERSUS GLUCHLBERG, THE SUPREME COURT LOOKED TO THE PRACTICES OF LEDGER LAND, NOT TO DETERMINE...

YOU HAS WHICH IS REALLY, REALLY TERRIFIC. SO THANK YOU SO MUCH FOR BEING WILLING TO SERVE. >> SENATOR COONS. >> THANK YOU, MR. CHAIRMAN. JUSTICE LARSEN...

OLD. HELD THE CONSTITUTION FORBID STATES FROM KRIM CRIMINALIZING HOMOSEXUAL SODOMY. DO YOU THINK IT WAS WRONG TO OVERRULE THAT LAW WHICH MADE SAME SEX...

NOMINEES AND IN MY CURRENT POSITION AS A JUSTICE OF THE MICHIGAN SUPREME COURT ARE BOUND BY THE SUPREME COURT'S PRONOUNCEMENTS. AND I WOULD NEVER WANT...

CURRENT CART EVEN TO THINK THAT I MIGHT NOT FAIRLY FOLLOW THE PRECEDENCE OF THE U.S. SUPREME COURT, BECAUSE I ABSOLUTELY WILL. YOUR SECOND QUESTION I THINK...

TO COMMENT ON WHETHER THE DECISIONS OF THE U.S. SUPREME COURT ARE RIGHT OR WRONG, BUT YOU ARE ABSOLUTELY RIGHT TO NOTE THAT SINCE GRISWOLD VERSUS CONNECTICUT...

THINK FOLLOWS UP SOMEWHAT ON A PREVIOUS QUESTION. YOU YOET WROTE AN ARTICLE COMMENTING ON THE SIGNING STATEMENT THAT ACCOMPANIED THE DETAINEE TREATMENT...

JACKSON'S THREE PART TIE POLLING IN STILL SEIZURE CASE. IN SUCH A CASE WE WOULD BE IN BOX THREE, WHICH IS THE LOWEST LEVEL WHICH WOULD SAY THAT THE PRESIDENT'S...

AND YOU SAID BECAUSE HABEAS WAS NOT A TOOL FOR OBTAINING POST CONVICTION RELIEF AT THE TIME THE CONSTITUTION WAS RATIFIED THE FOUND THING GENERATION COULD...

OF THE WRIT IS PROTECTION AGAINST EXECUTIVE DETENTION THAT IN THE CONTEXT OF POST CONVICTION DETENTION THAT THE COURT HAS SUGGESTED THAT SINCE IT'S NOT...

ESSAY WAS NOT MEANT TO TAKE ON THAT CHALLENGE. >> SO LET ME JUST LAST SINCE I HAVE ONE MINUTE, YOU'VE ALSO WRITTEN THAT THE SUPREME COURT WAS WRONG IN...

A JUDGE. THE ROLE OF AN ACADEMIC IS VERY DIFFERENT. >> THANK YOU. THANK YOU, MR. CHAIRMAN. >> THANK YOU. SENATOR KENNEDY. >> THANK YOU, MR. CHAIRMAN. PROFESSOR,...

SMART ENOUGH TO BE A FEDERAL JUDGE, OKAY. SO I GET THAT PART. WHAT I'M TRYING -- WHAT I WANT TO UNDERSTAND IS WHAT YOU THINK ABOUT THE LAW. I MEAN, YOU...

LAW CRITICALLY, YOU'VE BOTH TAUGHT BEFORE. WHAT DID YOU TEACH, JUDGE? OR MAYBE STILL DO. >> I

TAUGHT CONSTITUTIONAL LAW, CRIMINAL PROCEDURE, A COURSE ON STATUTORY INTERPRETATION, AND VARIOUS OTHER THINGS WHEN THEY NEEDED ME TO DO

IT. >> OKAY. WHAT DID YOU TEACH, PROFESSOR, OR DO YOU TEACH? >> I DO TEACH. I TEACH CIVIL PROCEDURE, I TEACH EVIDENCE, I TEACH CONSTITUTIONAL LAW, THE...

PART OF THIS PROCESS. I DO THINK, THOUGH, THAT THE LINE THAT OTHER NOMINEES HAVE HEEDED IN THIS CASE IS A PRUDENT ONE NOT BECAUSE I DON'T WANT TO ANSWER...

THE CONSTITUTION -- I MEAN, WHEN GRISWOLD CAME DOWN AND YOU READ IT, WHAT DID YOU THINK? DID YOU SAY, THIS IS A WELL-REASONED OPINION AND I AGREE WITH...

WHAT ARE ABOUT WHEN YOU FIRST READ IT? >> WELL, GOSH, SENATOR, I THINK, AGAIN, WHATEVER I MIGHT HAVE THOUGHT ABOUT IT I FIRST READ IT WHEN WAYS A LAW STUDENT....

A FREE COUNTRY. JUSTICE, JUDGE, DO YOU BELIEVE IN SUBSTANTIVE DUE PROCESS? >> THE SUPREME COURT OF THE UNITED STATES HAS PLAINLY ARTICULATED THAT SUBSTANTIVE...

QUESTION. >> TELL ME ABOUT YOUR THOUGHTS ABOUT THE ADEQUATE AND INDEPENDENT STATE GROUNDS DOCTRINE. >> OH,

ADEQUATE. THE ADEQUATE AND INDEPENDENT STATE GROUNDS DOCTRINE IS A DOCTRINE ARTICULATED BY THE SUPREME COURT OF THE UNITED STATES AND IF ANY CASE CAME...

WOULD APPLY THE PRECEDENT FAITHFULLY AND IF YOU HEARD A JUDGE SAY, WOW, THAT'S A TERRIBLE PRECEDENT, I THINK YOU MIGHT QUESTION WHETHER OR NOT THE JUDGE...

YOU WANT TO BE CONFIRMED. I GET THAT PART. I'M OVER, MR. CHAIRMAN. I'M SORRY. >> SENATOR HIRONO. >> THANK YOU, MR. CHAIRMAN. WELCOME TO BOTH UH AND YOUR...

TODAY YOU TESTIFIED THAT IT IS NEVER PROPER FOR JUDGES TO PUT THEIR PERSONAL VIEWS AND I WOULD ASSUME THEIR VIEWS ABOUT DEATH PENALTY CASES, FOR JUDGES...

RECUSAL. SO I DON'T THINK I COULD OR THAT ANY NOMINEE OR JUDGE COULD SAY AT THE BEGINNING I'M NEVER GOING

TO RECUSE BECAUSE THAT ITSELF WOULD VIOLATE THE JUDGE'S ETHICAL OBLIGATION TO ALWAYS BE ALERT TO THAT POSSIBILITY. WHAT I SAID WAS THAT I COULD NOT IMAGINE...

OR HOW A CONEN SIOUS SUBJECTOR WHO WAS A TRIAL JUDGE WOULD PROCEED IF THE LAW REQUIRED THAT ZWROUJ ENTER THE ORDER OF EXECUTION. IT DID NOT ADDRESS EVEN...

THE OBLIGATIONS. WE DIDN'T DRAW ANY CONCLUSIONS ABOUT HOW AN APPEL LET JUDGE WHICH WHICH SAY CONSCIENTIOUS OBJECTOR WOULD BECAVE I HAF. WHEN I WAS A LAW...

ALMOST 50 PAGES TO ANALYZE IT, LOTS OF RESEARCH AND LOTS OF THOUGHT. THE ARTICLE DID NOT ARGUE THAT DISTRICT JUDGES HAD TO RECUSE ALTOGETHER IN CAPITAL...

MY VIEW. SO WHAT YOU TESTIFIED TO TODAY IS AT ODDS, IN MY VIEW, FROM WHAT YOU HAD EARLIER WRITTEN. AND ESPECIALLY WITH REGARD TO THE ROLE OF RELIGION IN...

CATHOLIC JUDGES. SO WOULD YOU AGREE THAT YOUR VIEWS HAVE CHANGED FROM YOUR EARLIER WRITINGS? >> SENATOR HIRONO, I'M NOT SURE THAT I TRACK THAT QUESTION....

QUESTIONS TO GIVE YOU A CHANCE TO CLARIFY YOUR EARLIER VIEWS AND I BELIEVE THAT YOU DID. SO I DO NOT WANT 10 TO GAUGE IN A -- YOUR FURTHER CLARIFICATIONS....

SAID TO THE CHAIRMAN AND WHAT I'M SAYING TO YOU NOW IS THAT I CONTINUE TO SUBSCRIBE TO THE CORE ARGUMENT OF THAT ARTICLE WHICH IS THAT A JUDGE MAY NEVER...

NO LONGER SUBSCRIBE TO, THAT WOULD HELP ME. LET ME GO ON TO MY NEXT QUESTION. YOU WERE ASKED SOME QUESTIONS ABOUT THE ARTICLE THAT YOU WROTE RELATING TO...

THAT IF YOU USE A DIFFERENT DEFINITION OF SUPER PRECEDENT, WHICH SOME PEOPLE DO, I THINK ROWE COULD SATISFY A DIFFERENT DEFINITION. I WOULD ALSO POINT...

LIST OF SUPER PRESS ZBLENT PLAINLY ACOURTING TO THAT DEFINITION. >> THANK YOU. >> SENATOR. >> MR. CHAIRMAN I'M OUT OF TIME BUT I DO HAVE OTHER QUESTIONS I'D LIKE TO SUBMIT TORT RECORD FOR BOTH OF OUR NOMINEES. >> SENATOR LEE. >> THANK YOU VERY MUCH AND THANK YOU FOR BEING WILLING TO BE CONSIDERED FOR THESE NOMINATIONS AND FOR BRINGING YOUR FAMILIES ALONG. AS ONE OF SEVEN CHILDREN, I KNOW WHAT EACH UH PROBABLY EXPERIENCE. YOU'VE PROBABLY AT TIMES BEEN CALLED BY YOUR SIBLINGS NAMES, EVEN IN A FAMILIAR LIVE TWO AND I HAVE A DAUGHTER NAMED ELIZA BY THE WAY THAT PROBABLY HAPPENS FROM TIME TO TIME. I'D LIKE TO START BY ADDRESSING A TOPIC RAISED BY BHIECHB COLLEAGUES A FEW MINUTES AGO AND TALK A LITTLE BIT ABOUT WHY IT IS THAT IT'S OFTEN NOT APPROPRIATE FOR A JUDICIAL NOMINEE TO SPEAK ABOUT HIS OR HER OPINION ABOUT A PARTICULAR KA NONICAL PRECEDENT. DO YOU AGREE WITH MAR VERY MADISON, DO YOU AGREE WITH GIBBONS V. OGDEN? AND YOUR REACTION TO THAT, WOULD I ASSUME BE THE SAME AS IT WAS TO THE PREVIOUS LINE OF QUESTIONS RAISED BY MY COLLEAGUE? IS THAT CORRECT? YES, SENATOR LEE. WOULD YOU AGREE WITH THAT JUSTICE LARSEN? ABSOLUTELY. AND THE FACT IS THAT THIS IS NOT ABOUT BEING ABLE TO TALK ABOUT SUPREME COURT OPINIONS, THE POINT HERE IS THAT THERE ARE CERTAIN CASES THAT ARE FORM PART OF THE CANNON OUR LEGAL SYSTEM. AND THOSE CASES ARE NOT UP FOR DEBATE. THOSE DAYCASES ARE NOT APPROPRIATELY DEBATED BY NEBZ OF OUR JUDICIARY. WHEN A CASE COMES UP YOU'RE EXPECTED TO RULE ON THE BASIS OF THE LAW AND THE FACTS BEFORE YOU IN THAT PARTICULAR CASE. AND TO THE EXTENT THE CASE WE'RE TALKING ABOUT FORMS PART OF THE CANNON OF THE LAW THAT YOU'RE REQUIRED TO APPLY, IT WILL HAVE BEEN INAPPROPRIATE AND UNFAIR TO THE LITIGANTS APPEARING BEFORE YOU FOR YOU TO HAVE EXPRESSED A PERSONAL OPINION ON THAT PARTICULAR LINE OF CASES. SO WITH RESPECT TO MY COLLEAGUE, I DO NOT BELIEVE, AND I STRONGLY DISAGREE WITH THE CHARACTERIZATION THAT IT IS IN ANY WAY, SHAPE, OR FORM INAPPROPRIATE FOUR TO NOT ANSWER THAT QUESTION. NOW, MS. BARRETT, I WANT TO START WITH YOU ON A COUPLE OF QUESTIONS. SOME OF MY COLLEAGUES HAVE ASKED YOU A FEW QUESTIONS ABOUT STAIRRY DE ISIS BASED ON ONE OF YOUR ACADEMIC PIECES WE DISCUSSED EARLIER IN THIS HEARING. EVERYONE TENDS TO TALK ABOUT IT FROM AN INSTITUTIONAL PERSPECTIVE AS YOU CORRECTLY POINT OUT IN YOUR PIECE. BUT YOU TAKE THE SOMEWHAT DIFFERENT APPROACH OF CONSIDERING IT FROM THE PERSPECTIVE OF INDIVIDUAL RIGHTS. IN OTHER WORDS, WHEN A COURT IS FOLLOWING THE DOCTRINE OF STAIRRY DeDECISIS THEY'RE RIEGDS THE RIGHT OF BEING EFFECTIVE IN RAISING A PARTICULAR ARGUMENT BEFORE THE COURT. IS THAT AN ACCURATE CHARACTERIZATION? OF THAT ARTICLE, YES, SENATOR LEE. AND SO IN THAT RESPECT IT'S AN IMPOSITION ON INDIVIDUAL LIBERTY ON THE ABILITY OF AN INDIVIDUAL PARTY TO PIECE OF LITIGATION OR TO A CRIMINAL MATTER TO RAISE CERTAIN ARGUMENTS? YES. YES. NOW, IEDS U I'D'D ALSO LIKE TO ZRAETS FOLLOWING POUNT. DURING JUSTICE KAGAN'S HEARING SHE WAS ASKED BAY BENCH MEMO SHE WROTE WHILE SERVING AS A LAW CLERK ON THE SUPREME COURT OF THE UNITED STATES TO JUSTICE THUR GOODE GOO MARSHAL. SHE WROTE QUITE HONOR EFLY I THINK ALE ALTHOUGH THE LOWER COURT'S DECISION IS WELL INTENTION DOLLARS THEY'RE LUDICROUS. OTHER JUSTICES QUOTE, MIGHT CREATE SOME VERY BAD LAW ON ABORTION OR PRISONER'S RIGHTS, CLOSED QUOTE. SHE WAS ASKED HER B HER FEELINGS ABOUT THAT AND HERE'S HOW SHE RESPOND APPROXIMATELY WHEN I WAS CLERK FORK JUSTICE MARSHAL WAYS 27 YEARS OLD AND JUSTICE MARSHAL WAS AN 80-YEAR-OLD ICON. A LION OF THE LAW. HE HAD FIRM VIEWS WERE HAD HE STRONG VIEWS. HE KNEW THAT HE THOUGHT ABOUT A GREAT MANY LEGAL QUESTIONS. HE HAD BEEN A JUDGE FOR SOME FAIR AMOUNT OF TIME, CLOSED QUOTE. THE COMMITTEE ACCEPTED THAT ANSWER AND WENT ON RECOGNIZING THIS FACT THAT JUSTICE -- NOW JUSTICE KAGAN'S VIEWS IN HER 20s WOULD NOT NECESSARILY BE THE SAME VIEWS THAT SHE MIGHT TAKE TODAY. DO YOU THINK THAT'S A FAIR WAIVE APPROACHING THAT? I DO, SENATOR LEE. JUSTICE LARSEN, AFTER JUSTICE SCALIA'S DEATH I WAS PLEASED WITH YOUR FITTING TRIBUTE TO YOUR FORMER BOSS JUST SCALIA AND THE PIECE THAT YOU WROTE APPROPRIATELY DESCRIBED THE RELATIONSHIP BETWEEN A LAW CLERK AND A JURORIST AS AN ALMOST FAMILIAR WELL. IT'S DISAPPOINTING BUT NOT SURPRISING THAT SOME HAVE CRITICIZED YOU FOR YOUR ASSOCIATION WITH JUSTICE SCALIA AND YOUR PRAISE OF HIM BUT I WAS STRUCK BY THE FOLLOWING PASSAGE WHEN YOU WRITE, QUOTE, JUSTICE SCALIA WANTED TO GET THINGS RIGHT AND THEREFORE HE VALUED CLERKS WHO WOULD ARGUE WITH HIM ABOUT WHY HIS INITIAL THINKING MIGHT BE WRONG. IF YOU COULD PROVE YOUR CASE, YOU COULD WIN HIM OVER. BUT IT COULD NOT BE DONE WITH APPEALS TO EMOTION OR OUTCOME OR LEGACY OR ANYTHING ELSE. THE ONLY WAY WAS TO COIN CONVINCE HIM WAS TO SHOW HIM THAT THE LAW WAS ON THE OTHER SIDE. USUALLY BY PEEKING NERVOUSLY OVER HIS SHOULDER AS HE READ AND QUESTIONED AND REREAD CASES. MY PROUDEST MOMENT OF HIS LAW CLERK WAS CONVINCING HIM WITH TWO SLEEPLESS NIGHTS OF RESEARCH INTO DUSTY ...

OLD PRECEDENTS THAT A CRIMINAL DEFENDANT SHOULD WIN IN A CASE THAT NONE OF THE JUSTICES ORIGINALLY THOUGHT HE SHOULD WIN. CLOSED QUOTE. JUSTICE LARSEN,...

CONFIRMED TO THE SIXTH CIRCUIT. >> THANK YOU VERY MUCH. >> SENATOR DURBIN. >> THANK YOU VERY MUCH. PRAFR BARRETT, MANY QUESTIONS THAT HAVE BEEN ASKED OF...

TIMES SPOKEN OUT AS A PROFESSOR AND AS A LAWYER ABOUT THE BURDEN AND OPPORTUNITY PRESENTED BY YOUR FAITH. THIS ARTICLE OF 20 YEARS AGO WHICH YOU WROTE...

UPON LITIGANTS IN THE DECISION OF CASES. THAT WAS THE ARTICLE'S MAIN POINT I AGREE WITH IT. I WOULD SITTING HERE TODAY WRITE THAT ARTICLE THE SAME WAY...

28 USC 45 OBLIGATION I OBVIOUSLY AS EVER JUDGE WOULD ADHERE TO. >> I'M A PRODUCT OF 19 YEARS OF CATHOLIC EDUCATION AND EVERYONE E EVERY ONCE IN A WHILE...

CATHOLIC. >> I'M A CATHOLIC, SENATOR DURBIN. WELL, ORTHODOX CATHOLIC WE KIND OF, AS I SAID, IN THAT ARTICLE WE JUST KIND OF USED THAT AS A PROXY. IT IS...

JUSTICE SCALIA WAS VERY OUTSPOKE AND CRITICIZING AND DISSENTING AND AS ONLY JUSTICE SCALIA COULD FROM THAT DECISION. SO TELL ME HOW YOU VIEW THAT, THE...

IN THE DECISION OF CASES AND RULE EVEN WHEN THEY DISAGREE WITH THE OUTCOME. >> I THINK ACTUALLY WHEN THEY -- ESPECIALLY HAD THEY DISAGREE WITH OUTCOME...

COMPROMISE TO BRING IT DOWN TO 18 ONE, HE WANTD ONE TO ONE, HE WANTED SOMETHING HIGHER, THAT'S WHAT HAPPENS IN CONGRESS. AND THEN THE SENTENCING COMMISSION...

HAD BEEN TABLE TALK HOW IT WAS GOING TO PRACTICE THOSE RETROACTIVE CLAIMS AND IT WAS A SHORT BLOG THAT SOLICITED INFORMATION FROM OTHERS DOES ANYBODY KNOW...

OF CONGRESS AND BOTH POLITICAL PARTIES AND THINK THE COMMISSION ON A BIPARTISAN BASIS AND UNANIMOUS BASIS DID THE RIGHT THING. >> SENATOR FLAKE. >> THANK...

AND SO I APPRECIATE THE ANSWERS THAT YOU'VE GIVEN IN THIS REGARD OVER AND OVER AGAIN. IS THERE ANYTHING YOU'D LIKE TO ADD THAT HASN'T BEEN SAID IN THAT...

PROBATIONARY PROCESS WHICH HOLDS THEM ACCOUNTABLE BUT ALSO GETS THEM THE HELP THEY NEED. I AM VERY PROUD OF THE WORK THAT I'VE BEEN ABLE TO DO WITH RESPECT...

A NUMBER OF OUTSIDE GROUPS AND FAMILY MEMBERS AND FRIENDS WHO HAD BEEN THROUGH BEFORE. AND THE JUDGES CERTAINLY WHO HAD -- WHO WERE FAMILIAR WITH THE MILITARY...

FAMILY THAT GETS PUTBACK TOGETHER, THOSE ARE SOME OF THE HAPPIEST DAYS WHEN I GET TO WEAR MY CURRENT ROBE AND I HOPE THAT IF I'M GIVEN ANOTHER ROBE, ACTUALLY...

THE RECORD, THE FIRST COMES FROM PROFESSOR BARRETT'S FELLOW SUPREME COURT CLERKS AND THE SECOND IS FROM HER NOTRE DAME LAW SCHOOL COLLEAGUES. >> WITHOUT...

TO CONSULT IT. >> THANK YOU. JUDGE LARSEN, DO YOU AGREE? >> YES DROIR. >> ALL RIGHT. THANK YOU, MR. CHAIRMAN. >> THANK YOU BOTH FOR APPEARING BRUS TODAY....

LEGITIMATE FOR HER 10 TO FORCE HER BEST UNDERSTANDING OF THE CONSTITUTION RATHER THAN A PRECEDENT SHE THINKS CLEARLY IN CONFLICT WITH IT. SO MY QUESTION...

THAT IF THE CONSTITUTION WAS TO EVOLVE, THAT SOMETIMES THAT MEANT LEAVING PRECEDENCE BEHIND. SO ALL THAT THAT QUOTE OR THAT PORTION WAS DESIGNED TO SAY...