Judicial Requirement

" I just a little bit your backgrounds our panel into our our viewers out there you've argued cases. And front of judge Sotomayor. -- a lot of things -- be wondering is. What is she like when she might argue a case in front of."

" She's a very tough question and there's no getting around that. I would put her at the absolute top of the list and -- the judges before whom might argued in terms of really asking tough penetrating questions. I always told my lawyers. The Justice Department whenever they were going -- to argue case before judge Sotomayor that they really needed to make sure that they were prepared."

" Because her questioning style is one that is not shy it's not reticent."

" I think she does a very effective job of getting to the heart of the issue so if you're a lawyer appearing before my two words of advice would be be prepared."

" You'd mentioned working at the Justice Department having players that are -- I'm -- look -- your bio here and you worked as deputy assistant attorney general at nine under layers underneath."

" The civil division is approximately 900 lawyers and."

" It really runs the gamut of cases from those involving."

" National security to typical commercial litigation against the government to immigration to consumers so we really have a pretty broad docket of cases and matters."

" That's quite a jockey -- there I'll get back to Sotomayor. He's told us what she was like you have to be prepared but. A lot of folks or something else out there in particular conservatives have concerns about bias on. -- what is your take on."

" In my experience before her I never saw any bias and that's not to say. That she agreed with us in fact she often disagreed with positions that we in the Justice Department we're taking. But I can't say that I ever saw anything. Inappropriate. Or improper in the sense that I never had the feeling that she had. Prejudged arcades in an inappropriate way again not to say -- agreed with us. But I felt that at the end of the day we've certainly had our views communicated and heard and taken into consideration. Justice for you were there during the bush -- it's somebody I think you are against her argued before her include. --"

" Well let's -- I handled a number of immigration cases before her typically that would involve situations where there was."

" An illegal alien in the country and we were attempting to remove that person from the country."

" He was presenting arguments as to why Homeland Security shouldn't be allowed to remove him."

" Certainly."

" They don't always agree with our legal position that judge Sotomayor is. Very well up to speed -- a lot of these areas of law and she knew what she was talking about I think she sees a fairly steady diet."

" These types of cases on the second circuit and -- she was certainly familiar with the governing legal precedents in those areas. Attic or not heeded some of these legal arguments. That. What was she sympathetic. I I think generally yes he probably was sympathetic I don't say that on. Based on anything other than just that the way that she was questioning I think she really wanted to make sure. That government's position was correct she wanted to make sure our arguments were there --"

" And we -- some cases before her again I don't know where her her personal views would've -- on either -- equation. But we -- some cases before we lost some cases before her again I felt that we had our views on our positions hurt."

" Taking from Patrick from -- got to go right ahead don't like him did you talk. Let's or --"

" Are you good question -- you talk about her rulings on immigration law. When it came did you ever have a case before her unlawful presence. And specifically things under real idea now that you --"

" Well I I think we did have a few real -- cases before her. That says I don't call that any of them actually presented a legally she that would really get insight into how she thinks about real ID. There's certainly no question that there are a lot of judges on the federal courts I think it's fair to say that. Difficulties with the real ID act -- the way that the act really restricts their cabins. A judge's jurisdiction. I -- were called getting some questions from -- where she asked questions about the court's power to entertain certain arguments in other words. She wanted to know whether she as a judge had the power consider arguments that may not have been fully developed before the agency. Are presented to the agency but at the end of the day I did feel at least an -- cases that she applied the law correctly. I I."

" I assume you've argued in front just other judges. How does she stack up against them and were you in the position president of the United States. -- she'd be on you analysts view consider the Supreme Court."

" Well but I like the second part of the question. I don't know that I would have appointed -- if I were the president obvious and not the president with regard to your first question how she compares to other judges that -- argued before. There's no question that on this spectrum. Judges ranging from those who -- Quiet and pass -- to those at the other extreme were very active in in really demanding an argument. There's no question she's -- The far and that is to say she's a very active questioner he really -- lawyers to defend their positions if you have a weakness in the case. I think she has an ability to really hone in. Asked -- in an exposure weakness that's why I said earlier that you really need to be prepared because she's -- questioner she's in questioner. And she she will let you get away with something at the laws on your side."

" Let's around look at the other side because -- we'll certainly be questioned her started tomorrow. How much can we expect to learn about her through these questions because I as I understand it. Chief counsel to basically not -- an awful lot when -- that's much."

" That's certainly a fair estimate of what's going to have. Happen -- past practice is any guide."

" I think that judge Sotomayor has been counseled."

" Not to give specific answers to specific legal questions if they asked her what would you do in this case or what is your view of such and such case should it be overruled. I think it's very likely that -- simply gonna dodged the question or decline to answer the question. One other thing we've seen in past confirmations is that the senators often -- the majority or at least a very significant percentage of their allotted time. Asking their questions."

" recall during I think it was the Alito hearings."

" At phenomenon became so extreme that you have situations where is senator might use nine or nine -- That is allotted ten minutes and really only in the final few seconds give the nominee a chance to answer the question."

" Not sure whether that the senators will approach this hearing differently."

" But I think it's a fair -- that we're not gonna get. Tremendous amounts of insight into judge Sotomayor is legal philosophy I think we'll get a lot of -- sensitive to what members of the Judiciary Committee and."

" Maybe not as much is -- the nominee."

" Didn't we get so in so many emails from people get so for -- for what they're talking about this kind of here. Or any -- here on Capitol Hill Whitney I just hear the numbers out there. Beliefs and you don't get to -- really much on the person on the stand. About S -- 5%. And lower court rulings as I understand what it's significant that. Well."

" It's certainly significant data point there's no question that cases that judge Sotomayor has decided that have gone up to the Supreme Court. Really provide a very good indicator. Of where she might -- on the Roberts court that is to say assuming she's confirmed how she might align herself. In those hot button constitutional cases will she align herself with a more conservative -- with the more liberal bloc so I think that those decisions do give us. At a pretty good deal of insight into where she would place herself. On the current court I think it's certainly not going on a limb to say it's very likely she will align herself with the more liberal bloc of justices on the Supreme Court particularly. In those high profile cases many of which present questions of constitutional law that have resulted in that very familiar five to four split in recent years."

" it's important there aren't a whole bunch of spring chickens there so President Obama could be looking at being able to nominate another person. Well until liberals -- Yeah only the good die young and -- what is your what is your take on the outlook of the court going forward considering who might you might retire."

" Well I think it's a very fair bet that President Obama is going to have another opportunity at least one more opportunity to put some on on the Supreme Court."

" Certainly Justice Stevens is he's the oldest member of the court he's been their for a long time that said he's not showing any signs of slowing down so I think. I would certainly be surprised if he."

" Announced his retirement in the near future."

" However if you take a broader perspective and say is that likely that he will retire before the end of an Obama the first year for -- that an Obama presidency. There I think there's a reasonable chance the same goes for justice Ginsburg and it looks. That she -- may not -- the entire Obama -- she's had some health issues fortunately it seems at least based -- what we can see. That -- surmounted those again. Probably on an imminent retirement but if you look at a four year perspective possible that there would be a vacancy for that seat as well."

" You know how we heard this news this weekend that -- considering. What not -- you open a criminal probe into treatment. Detainees -- one day. And and whether or not guidelines were seated by Justice Department you're -- but -- administration department."

" Well it's it's very interesting Heather in that."

" Having watched the Obama administration come in in the Justice Department -- it's really been. Remarkable at least from my perspective to the extent that. Many of the positions that the bush Justice Department took that -- strongly criticized. During the campaign by the Obama's side -- Obama campaign."

" Have either been adopted or adopted with very slight modifications. Under the Obama administration."

" With regard to that. The news over the weekend. Not exactly sure what what the attorney general is gonna do -- that I think it's fair to say that certainly in recent weeks he and other members the administration come under a lot of pressure to revisit some of these older issues. I think that there's also a very large contingent within the administration frankly even among."

" The Democrats that what's past -- past and it's important to move on is the president has said so many times."

" Here -- Thank you very quick to add back again apartment block it's done. Fracture and he's there. On the apartment where we were talking about work for Justice Department here prominent job there it is racism deputy -- a different. And -- in the civil division and US Department of Justice from 2000 -- with the principal deputy assistant attorney -- so we got. He did -- mark. Thank you had a problem in taxi. That. Talk."