00:00I ask the following two initial questions of all nominees to ensure the fitness of the nominees to serve.
00:06So I'll start with Mr. Dunlap and then Mr. Tung.
00:10Since you became a legal adult, have you ever made unwanted requests for sexual favors
00:15or committed any verbal or physical harassment or assault of a sexual nature?
00:20No.
00:22No.
00:23Have you ever faced discipline or entered into a settlement related to this kind of conduct?
00:27No.
00:29No.
00:30I can't hear you.
00:34No, Senator.
00:36So, Mr. Tung, you have been asked questions about originalism and you are an originalist, correct?
00:45You have written about it, the importance of originalism.
00:48Senator, I subscribe to originalism, but I would be bound by Supreme Court precedent.
00:55Well, sometimes there is no Supreme Court precedent.
00:58So let me just mention that pretty recently in March, this past March, you wrote, quote,
01:07In my view, there is no real rival to originalism when it comes to the proper method of interpretation.
01:15And you noted at the same time that I'm quoting you, originalism recognizes that there may be hard cases, but most cases, including the high profile ones, are not hard.
01:27Whether there's a constitutional right to abortion, whether there's a constitutional right to abortion, same-sex marriage, sodomy, pornography, transgender protections, the answer for the original list is simple.
01:39No.
01:40So, do you think that all the members of the United States Supreme Court share your perspective and your view on originalism?
01:48Senator, I understand the justices on the Supreme Court hold different views on the method of interpreting the Constitution.
01:55So, not all of them hold your view that originalism is, like, no real rival to how things should be interpreted.
02:04So, Mr. Tung, as a lawyer and prospective judge, do you believe that court orders must be followed by parties to a court unless and until they are ordered by an appellate, overturned by an appellate court?
02:21Again, yes or no?
02:22Should court orders be followed?
02:23As a general matter, Senator, court orders should be followed by the parties that are bound to it.
02:28Well, I don't know what the general matter is.
02:31You know, you should, I would think that court orders should be followed.
02:35So, do you believe that someone who contemplates disregarding court orders is qualified to get a lifetime job as a judge?
02:46Yes or no?
02:47Senator, you're asking a question that implicates a current issue and under the canons of judicial conduct, I should not and cannot answer.
02:53Well, you know what?
02:56There should be judicial conduct that says all judges should believe that judicial orders should be followed.
03:00So, you know that this is a matter of concern to quite a number of us on this panel.
03:07So, you were asked various questions about your views and the role of women and that women can do certain things better than men.
03:15And I take it that you believe men can do certain things better than women.
03:20And the fact that you may have held these views 20 years ago doesn't mean that you no longer hold those views.
03:25Because I held certain views when I was in college, such as public service is a good thing.
03:30I still hold that view.
03:31But yet, when you were asked whether you still believe in these gender roles, which are very limiting, frankly, in my view,
03:38you said that the canons of ethics prohibits you from answering.
03:44So, do you, I mean, that's like, this is going to be a live question.
03:47Should you become a judge in the Ninth Circuit?
03:50Do you actually think that there could be a live question on whether or not a woman's gender role should, is going to come before you?
04:01Senator, questions relating to, for instance, the 14th Amendment's Equal Protection Clause could come before me.
04:09And for that reason, I consider that a live issue and I wouldn't be able to answer under the canons.
04:13Okay, well, you know what?
04:14We didn't talk about the 14th Amendment, which, by the way, as far as I'm concerned,
04:19is supposed to provide equal protection for everyone, regardless of race, religion, et cetera.
04:26But, frankly, what is happening with the 14th Amendment is that it is being weaponized.
04:31In my view, that this is a Supreme Court majority that is not exactly holding the 14th Amendment to provide equal protection for everyone.
04:43So, I just have one more question.
04:49You talked about what you call the radical left.
04:54What do you mean by radical left?
04:56People on the radical left are saying things that are not truthful.
05:01What do you mean by the radical left?
05:05Senator, I am unsure from where you're pulling that phrase.
05:10I don't have the context to answer, Senator.
05:16You do remember talking about what you consider to be radical left.
05:21Mr. Chairman, I hope that I can submit some questions for the record.
05:27And, you know, it's so disturbing to me that there are some of our nominees who think that they don't have to really respond.
05:32I hope that you are not among those because I will have some questions for the record.
05:41Mr. Tung?
05:43Appreciate it, Senator.
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