'Do You Want To Change Your Answer?': John Kennedy Gives His Classic Grilling To Judicial Nominee

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At a Senate Judiciary Committee hearing last week, Sen. John Kennedy (R-LA) questioned Jordan Emery Pratt, nominee to be United States District Judge for the Middle District of Florida.

Transcript

00:00Kennedy to kick us off. Thank you, Madam Chair. Judge Dudick, did I say that name right?

00:09That's correct, Senator. All right. What's the warrant requirement?

00:14Well, before the court would issue a warrant, you have to assess to make sure that there's

00:18probable cause to either search the place. When's a warrant required?

00:23Excuse me? When is a warrant required?

00:26The general rule is a warrant is required any time that the government wants to search a person,

00:31place, or thing. Could you speak into the mic?

00:35I'm sorry, Senator. I said the backdrop rule is that a warrant is required any time the

00:41government wants to search a person, place, or a thing. And to arrest you, right?

00:46There are some exceptions to that, but generally, yes.

00:49Okay. And there are exceptions to the warrant requirement for searching and arresting people,

00:54are they not? There are. Yes, Senator, there are.

00:57Okay. Suppose the Florida Supreme Court ruled that here in Florida, we're not going to recognize

01:11any exceptions to the warrant requirement. You have to have a warrant to search someone,

01:17and you have to have a warrant to arrest someone. No exceptions. Can the Florida Supreme Court do that?

01:24Well, Senator, under the Supremacy Clause, they'd be bound by what the Fourth Amendment dictates.

01:30Of course, they're free to make their own requirements. Is it—

01:34What if the Florida Supreme Court did it under the Florida Constitution and not the federal

01:40Constitution?

01:42Well, they would still, Senator, have to apply with what the federal Constitution said under the

01:48Supremacy Clause?

01:49Do you know what adequate and independent state grounds means?

01:51Sure. Of course, I would understand that they could have independent and adequate state grounds

01:56for state law, but they—

01:57No, they don't. As long as you don't take away rights, but add to them, a state can do

02:05whatever it wants to under the state Constitution, can't it?

02:08Yes, sir. Yes, Senator.

02:10That's not what you just said. Do you think the Supremacy Clause applies? The Supremacy Clause

02:17applies?

02:18Well, I—

02:19You want to change your answer?

02:21Senator, I would like to change my answer to the extent that I agree with you that the

02:27Florida legislature, Florida, could do exactly what you said. I meant in my statement is that—

02:34Trust me, it can. Judge Pruitt—I'm sorry, I can't see that far.

02:41It's Judge Pratt, Senator. Yes.

02:42Judge Pratt, I apologize. I can't see that far.

02:45Can a state legislature pass a law that discriminates against a group of people

03:00over another group of people for inferior treatment?

03:09Well, Senator, the federal Constitution and the state Constitution

03:14both contain protections against various forms of discrimination.

03:17I know that, but can a state legislature say this group—we're going to treat this

03:23group of people differently than another group of people?

03:27So I think, Senator, an example where a legislature could make—

03:31But tell me first if a court—if a state can do that.

03:35Yes, a state can, for example, require a driving age which discriminates on the basis of age

03:41to say, for example—

03:42When can a state—

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