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Pablo Martinez Monsivais / AP

Trump's SCOTUS nominee, Judge Neil Gorsuch, testified again today in front of the Senate Judiciary Committee. Today he revealed his take on technology, birth control, and a SCOTUS decision that came out today regarding his ruling.

Check out our roundup of yesterday's marathon session here.

  • On a SCOTUS decision from today that unanimously rejected a Gorsuch opinion: Gorsuch sidestepped questions about the Individuals with Disabilities Education Act (IDEA). At issue: Amy Klobuchar asked about why SCOTUS rejected his opinion regarding the benefit that must be given to children with disabilities. Gorsuch: "I have written for families under IDEA. I have written decisions against. In each case it has been based on my assessment of the facts and the law." Ted Cruz pointed out Gorsuch was bound by his circuit's precedent.
  • On technology and originalism: Gorsuch said he would look to "the law to apply to current realities…Not to drag us back to a past…But to move forward together," after Dianne Feinstein pressed on Kyllo v. United States, which involved an unreasonable search via thermal imaging technology. (Gorsuch spoke about this a little yesterday, too.)
  • On birth control and abortion: Lindsey Graham pushed Gorsuch to explain how Griswold v. Connecticut (which guarantees married couples can use contraceptives in privacy of their own homes) could be overturned. Gorsuch said it seemed highly unlikely: "I don't see it as a real threat." Gorsuch also said, "the Supreme Court has held in Roe v. Wade that a fetus is not a person" and that it is the "law of the land."
  • On forced arbitrations: "I'm a big believer in jury trials and in the Seventh Amendment." This has implications for big corporations, since forced arbitration clauses make it nearly impossible for individuals to sue them (think: Gretchen Carlson and Fox, or the ghost accounts of Wells Fargo).
  • On right to counsel: Gorsuch affirmed indigent defendants have a right to counsel.
  • He dodged on questions about the Voting Rights Act, campaign spending, and POTUS receiving foreign payments.

1 fun thing: Gorsuch: "John Hancock wrote his name bigly — " Ben Sasse: "You just said bigly. And I just won five bucks."

Go deeper

Scoop: FDA chief called to West Wing

Stephen Hahn. Photo: Mandel Ngan/AFP via Getty Images

White House Chief of Staff Mark Meadows has summoned FDA commissioner Stephen Hahn to the West Wing for a 9:30am meeting Tuesday to explain why he hasn't moved faster to approve the Pfizer coronavirus vaccine, two senior administration officials told Axios.

Why it matters: The meeting is shaping up to be tense, with Hahn using what the White House will likely view as kamikaze language in a preemptive statement to Axios: "Let me be clear — our career scientists have to make the decision and they will take the time that’s needed to make the right call on this important decision."

Scoop: Schumer's regrets

Photo illustration: Eniola Odetunde/Axios. Photo: Mark Wilson/Getty Images   

Chuck Schumer told party donors during recent calls that the death of Ruth Bader Ginsburg and the fact that Cal Cunningham "couldn't keep his zipper up" crushed Democrats' chances of regaining the Senate, sources with direct knowledge of the conversations tell Axios.

Why it matters: Democrats are hoping for a 50-50 split by winning two upcoming special elections in Georgia. But their best chance for an outright Senate majority ended when Cunningham lost in North Carolina and Sen. Susan Collins won in Maine.

Trump's coronavirus adviser Scott Atlas resigns

Photo: Nicholas Kamm/AFP via Getty

Scott Atlas, a controversial member of the White House coronavirus task force, handed in his resignation on Monday, according to three administration officials who discussed Atlas' resignation with Axios.

Why it matters: President Trump brought in Atlas as a counterpoint to NIAID director Anthony Fauci, whose warnings about the pandemic were dismissed by the Trump administration. With Trump now fixated on election fraud conspiracy theories, Atlas' detail comes to a natural end.