Charles E. Schumer

We should be discussing this issue honestly, not hiding behind representation.

I do not like judges too far left or too far right.

In all due respect, we are having a third hearing on Pickering, we are having a second hearing on Owens.

Well, thank you. I will do it again if you would like to be more grateful to me.

I do not think it is fair.

Please, that is not fair, because everyone knows how you feel on this, and you know how you feel on this.

You don't have to give me the whole--so in that one you reached out.

I think it is the case that we do have a Federal system, that States have powers and responsibilities.

I mean, the Sandoval took away rights of lots of individuals to be able to sue for just the things you were representing the pro bono individuals to be able to do, right?

It doesn't just get me invited to cocktail parties. . . but I love these issues. I believe in this federalism stuff.

So you are relying on res judicata.

We ought to have them. I mean, let us hope this is all on the level and certainly at least fair process would help give it at least the appearance that that is the case.

Now, you do not express the sentiments of the people you represented in some of those cases in your private articles, only the ones on the other side.

So did they contact you and say, 'We want to argue this case'?

Well, Mr. Chairman, in all due respect, of course, I want to know what he is going to do as a judge.

I am troubled by your dissent.

I do not think it is right. I do not think it is fair.

You did mention, for instance, earlier in our dialogue that you disagreed with the Kiryas Joel case.

So our intent was not to cut, and I do not think that we have cut.

Well, I do not think the only answer is more money, but the answer certainly involves money.

It seems to me, again, of course you can coordinate better, you can be efficient, you can connect people to the VA.

I think that we are playing with fire by saying, well, let us let the market see if it can solve this problem.

That is a pool of a sort, but a pool you could live with.

I worry about a significant portion of properties not being insured.

I would like to work with you on that.