So that's judicial restraint.

But by overruling that one precedent, was not the Court really reaffirming a much larger group of previous decisions?

I urge you to maintain that focus for the remainder of the hearings and refrain from further hyperbole questioning of Ms. Kagan's support for the men and women of the U.S. military.

Some of my colleagues and my friends on the other side are really taken aback by some of the arguments on Citizens United and some of the other cases.

I think those efforts fall short of even the most basic factual scrutiny.

Many folks have attacked the decision, saying it is a prime example of, quote, 'conservative judicial activism,' unquote.

the application of that statute to any kinds of classic electioneering materials was in fact constitutional.

These are small companies that want the legal protections that incorporating provides.

In short, the First Amendment does not belong to any definable category or persons or entities. It belongs to all who exercise its freedoms.

When President Obama announced your nomination he said that you believed that 'in a democracy powerful interests must not be allowed to drown out the voices of ordinary citizens.'

I think we would all agree that competition is essential to maintaining a strong and a vibrant economy.

Let me start with you, Mr. Leibowitz, Chairman Leibowitz.

I am concerned about this development. There is a long line of case law surrounding both the Sherman and the Clayton Acts which has provided businesses with substantial guidance in their efforts to comply with the law.

Are you basically saying that the parties charged under Section 5 will have to go through a trial and appeal just to find out what the law is?

Let me just mention three things I am concerned about.

Oversight of Federal agencies is one of Congress' most important responsibilities, and given the state of our economy, I would say that oversight in these agencies is particularly important.

Increasing the use of Section 5 particularly to address conduct that has traditionally fallen under one of the other antitrust statutes has the potential to create uncertainty, which is harmful to growth and innovation.

It is a fundamental American value that those who exercise creativity, innovation, hard work, and efficiency should be rewarded in the marketplace.