MUST WATCH: Ted Cruz Confronts Biden Judicial Nominee With His Past Writings Cruz Calls 'Marxist'

thank you Mr chairman judge katsubai I think your fellow nominees owe you a debt of gratitude because many Biden nominees have been extreme but your record is so far out of the mainstream that you have attracted virtually all of the questions I was particularly intrigued by your statement to Senator Blackburn that you said you are not in fact a Marxist and then you said and I wrote it down I have not praised Marxist ideas now as you know in law there is the fact of evidence and so let's go to something you wrote an article that is entitled centralized property Theory in which you wrote it begins it's on the front page of your law school newspaper you write quote intimate knowing the lovers kissed familiar and ever exciting passionate Transcendence beyond the physical exhilaration lies a burning light in our limbs our hearts floating flying falling in every direction amorphous and wonderful time-stretching space curving exquisitely explosive Eros and yet I timidly tremble every time now somehow this is about property which is not immediately evident as to why but later in the in in the article you write you say property is not simply a relationship between an owner and an object of ownership property is primarily a complex relationship between people and secondarily regards the objects people exploit historically three paradigms have dominated European Notions of property Locke appealed to the notion that labor points to who has the right to exploit property Bentham relied on utility to dictate who has rights based on how the property is exploited and Marx was plainly disgusted with the alienation that property imposed and its establishment of an Us and Them and haves and have-nots each Theory alone denies important components of Human Experience among them are the ability to work the need for personal privacy and boundaries and uniquely diverse desires which spin us all in differing life directions however the process towards integrating all three May provide a framework for relationships that enhances each unique self the aspiration towards intimate knowing the intimate knowing of oneself and others is a creative struggle towards redefining property what the hell does that mean Senator uh When I Was preparing and reviewing my materials and for this hearing and for the the process I also have to admit that that writing was far from clear or articulate and and the Poetry was definitely not good now Senator I don't make do you believe we need to have a creative struggle towards redefining property which is what you were advocating for that was something that I wrote 30 years ago Senator and in the course of just exploring law school and the ideas that came with okay so your flirtations with Marxism was 30 years ago so let's go more recent in 2020 you gave a speech entitled Reflections on equity and privilege and you said quote First the world is wide enough for all of us privilege derives its power from the belief in scarcity scarcity of money natural resources food and power itself the desire to control it all drives privilege I want to suggest to you that Equity the idea of equity rejects this model of scarcity now that's Marxism in 2020. what did that mean I've I've never considered that to be Marxist Senator uh it's the idea that equal access and in the context of the work that I do here so so there is no scarcity there are no property rights Equity gives everyone an entitlement to each other's property is that right not at all uh and in the context of the work that I do on the bench Senator when you look at my record for all of these 16 years you'll find that I I have uphold upheld the constitution in our case precedent okay well let's turn something else you wrote in the Wisconsin Women Law Journal again this is your writing uh the name of the article is destabilizing power and rape why consent Theory and rape law has turned on its head you cited Professor Catherine McKinnon who argued quote sexuality itself is a power web in which heterosexual relations per se are infused with violence and control and quote most intercourse is rape now her views are extreme and yet and and when Senator Blackburn asks you about them here at the hearing when you want to be confirmed you try to distance yourself from them but here's what you wrote in the article you Embrace those views you wrote quote I employ The View that rape is sex in order to focus on the significance of consent and rape law the sex act is a violation per se without consent in order to properly align the consent Doctrine and rape law with consent in other areas of law non-consent must be presumed do you believe that is a mainstream view that that heterosexual sex is rape senator in that article I was exploring different ideas and theories and I was employing the hypothetical that you've just described to try to tease out a particular issue with respect to consent uh with respect to your last question you also quoted Professor McKinnon who wrote quote sexuality is to feminism what work is to Marxism let me ask you again what does that mean Senator I was summarizing different theories uh that people were presenting so that way I could explain them and and and and then employ an analysis with respect to the issue of of what consent was in the context of sexual assault back in 30 years ago I think your views are far far out of the mainstream Senator Welch uh thank you very much I'm gonna ask

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Length: 6min 25sec (385 seconds)

Published: Wed Oct 04 2023