Supreme Court pick Gorsuch faces tough questions at confirmation hearing

"The View" co-hosts discuss whether empathy is an imperative quality in a Supreme Court justice.
7:48 | 03/22/17

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Transcript for Supreme Court pick Gorsuch faces tough questions at confirmation hearing
Supreme quite McNeil bought saint. Was grilled by the Senate Judiciary Committee yes they would he shut that Democrats and time now about his position on issues like abortion gun rights. Is that it would be improper comment on how he would rule on any case. That comes into his caught now supporters element as an independent think act. And so the question is was this a good. Pick. I think it was at it was a good pick because he's qualified for and but but I think they're asking the wrong questions and he is a judicial ideologues that he has this ideology. And they're not able to get to with the questions that they're asking and so he's. Being very invasive like most picks are Supreme Court picks me I would of accidents up something like it he considers himself this constitutional lists. This original list if that's the case the right to privacy is an enumerated in the constitution do you believe in the right to privacy. That would have gotten to the issue of whether or not he wouldn't beef. I I think supportive of overturning Roe vs. Wade after they're not asking the right quick. Can't say it did say on Roe vs. Wade that he believes is precedence. Is it that has been law for a long time and it didn't sound like he would try to overturn it didn't sound like that but I still don't think they asked the right. Question that Harry had it since he's very good at the air is aren't most of these Supreme Court. Nominees aren't very good yeah I kept waiting for him to get stuck because some of the questions that are coming in working on trying to get him to pinpoint his position on on this or that what it liked about it is that what I what I got from him is that he. His position of the week he feels about these things. Wasn't really important for this job and his perception he said I'm here to follow bull law. One either way I feel about Santana Louisiana got her to be a lot about riots after what ideology that according wasn't. Alarming to me he was balanced he was measured and I think coming from someone like Donald Trump where you're always worried that he's gonna sort of be doing this or that are a little unhinged frankly in my opinion. This is a guy who's very balanced measured has good comprehension of the law. And seems to know how to handle himself these situations are quite well which I also was that's what I just like the part where Patton. Building off when it went saying here when they asked him if he had to stand up to someone. And it and they say are you talking about president trump said anyone is anyone and that was very clear to me yes what he meant by that yeah so I mean that was. Many people and he was talking about the fact that you know president trump has. I guess criticized a lot of federal judges order you finally do. I'm gonna let me get credit management respect because I like to me he's very handsome as and the idea yeah. I mean he's too sexy for is lower. I I did like a lot of what he said it already was Amy a ball helped us look like he was gonna crying in the heaves a little and angry here and there live now I don't I don't know the guy. But this what case that he will not that Al Franken took him up behind him was about a guy a truck driver who. Got stopped because as brakes got stock. Now the breaks the stock and he's freezing he's in sub zero temperatures the guy pulls ahead coming get a three hours later knowing comes to get him he's freezing to death the guy. And he basically abandons the truck and goes home. Now this judge iron rule he gets fired by this judge corset ruled for the company that fired him rather than for yet. Yeah gently rules it in favor of company op corporations and put to me that that that shows like yes he's strict to flap Bob lap. And maybe he'll be good on Roe vs. Wade because there's precedent on the other hand. This something lacking in the guy I. Who doesn't rule for a man who could freeze to death an Al Franken senator. The great Al Franken he said you know I've dealt in absurdities in my previous career and this is absurd. She's hiding behind the law because he's an ideal. But this quote I it's something that's not the heart disease if you have a legal problem with no way he ruled on that legally he said that the statute cited by the Department of Labor was not relevant that was his justification if you have a legal problems saying you know what legally. This guy who was in this truck had his life in jeopardy he claims that he was. Potentially gonna suffer from hypothermia sent that's a legal argument that I can I can respect and maybe take issue with him but if you arkan is that he doesn't have enough empathy. That I have a problem with because I don't want the current U kidding me say that what I think I think I agree with you that there may have been an issue they are legally I may get an agreement that decision he made from a legal front. I don't care whether my. Supreme Court justices empathetic to this clause are that I want them to look at the lawn I want them to be objective about the law because otherwise you allowed too much subjectivity Atlanta what you may be apathetic it there I may not the end product was there's a problem Pena. The they have to have empathy and here's why. If you have all got us it is very hard to get them to understand why. A woman's issue is important to not a mean so you have to have some empathy you have to you have to be able to say all okay. This will never be something I got to go but understand this is something that's happening for you and the other thing is you know the Supreme Court is there. Not for their personal. Yen beliefs beliefs but to rule fought us as a nation. And so I'm gonna keep my fingers crossed that that's what he does because. In all I was word one. Robert slack when it I was worried when other people abroad and then and I've been surprised by. Them coming. In ways that I didn't think that they went so. I just you know there's nothing you can do to stop the fact that they want to put him at the end rented out well that's the that's not meant not gonna get there. Argument about a well they have introduced you can have as many arguments as I want size yard. Innocent deaths could Sonny has many arguments about anything I but the bottom line I. Yes I we have seen that they've put Betsy to Boston and she was knocking while that I have always seen that same old kicked. I don't think this is going to be an issue for that now without you may think that somebody added. The blues does it well yeah well we can you aren't and it's not over that issue I have said that because trump is under investigation yeah. That you shed should not put him because he and am very valid argument but you are saying it to the people who are making the decision but that's the thing you think you know don't bet there. I'm sad day. But if the president tried as an illegitimate president in this guy is illegitimate tell us what into that want a vast that's the argument because if he is alleged illegitimate keep under FBI investigation why not hold off the books they held off any other vote for what it up. He thundered you what issues under investigation but you do realize that they used that very argument to sink. Hillary Clinton we arts we are faced with a house. The senate everybody that is not voting anything that we are talking about. I don't think until one of those people actually stands up and follows through and says hey you know I don't like this this thing you do it will seek you know one won't know. Will now when we find out. Who votes for this if we exactly how exactly could you got it hasn't an adult brain appointee who has been nominated you know this fine jurist app however he is under FBI criminal investigator and he Lang may I I. It isn't fair why look what we've been making these yeah points for the last one how I have been yeah last year I thought it added that I'm in my.

This transcript has been automatically generated and may not be 100% accurate.

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