What does that mean in this context?

Well, I think what it means is that district judges do have the power to set aside a rule for the entire nation.

And folks say, "Well, wait a minute.

Why, why can, why can district judges do that when you're talking about an, an agency rule if they can't do it for a statute?" And I would just...

I would, I would go back to what I said before about the-- If you think about the reasons why a district judge might, maybe shouldn't be able to do that with a statute, you're talking about something that's already gone through both houses of Congress, and the president has signed it.

That is very, very different from the typical rule that comes in front of a federal district judge.

In order for a rule to get published in the Federal Register, it has not gone through both houses of Congress.

Mm-hmm.

What does that mean in this context?

Well, I think what it means is that district judges do have the power to set aside a rule for the entire nation.

And folks say, "Well, wait a minute.

Why, why can, why can district judges do that when you're talking about an, an agency rule if they can't do it for a statute?" And I would just...

I would, I would go back to what I said before about the-- If you think about the reasons why a district judge might, maybe shouldn't be able to do that with a statute, you're talking about something that's already gone through both houses of Congress, and the president has signed it.

That is very, very different from the typical rule that comes in front of a federal district judge.

In order for a rule to get published in the Federal Register, it has not gone through both houses of Congress.

Mm-hmm.

What a terrible choice, Mark.

There have been some disappointments, haven't there, particularly this year.

I think that there's always a risk if you're pushing a particular candidate because of their views on one issue or one particular case.

I saw this back when I worked in the George W. Bush Justice Department working on judicial nomination vetting and judicial confirmations.

in particular at that time the administration was pushing a lot of u.s attorneys or people with prosecutorial background into these judicial positions and a lot of times they had great views on law and order issues, but the administration was frequently surprised with what they did in other areas because they hadn't thought through their position in the constitutional questions or non-criminal law questions.

And I wonder if maybe not enough vetting was done with Justice Barrett outside of Roe v.

Wade.

yeah um that's it one other thing