Senator: Judge Rickover, I would like to return to one of your earlier decisions. Herrura vs. California. You were the Deputy Solicitor General on that brief, is that correct?
Judge Ethan Rickover: That's correct, Senator. That was a death penalty case,in which we held the prisoner, Mr. Herrura, was entitled only to relieve in the leniency process.
Senator: And is that an opinion you still hold?
Judge Ethan Rickover: To be honest, Senator, I'm not sure. The law has changed, I have changed. I was 28 years old then, thought I knew everything.
Senator: [chuckles] You're aware of course, [Monk coughs] that there are cases pending which had similar circumstances, and some of them involve recent advances in DNA evidence. [Rickover looks back at Monk] Judge Rickover?
Judge Ethan Rickover: Senator, I don't think it's an good idea to re-write the Constitution, just because there's been a scientific break-through. The basic principles of Common Law haven't changed, they never do. The issue is, application, in a new context. [Monk continues coughing]
Senator: And is context always the overriding factor?
Judge Ethan Rickover: Excuse me?
Senator: Uh, is context always the overriding factor? In my opinion, yeah, these are the same basic principles that have animated our Common Law system since the time of John Cook, but, then again, I'm not here to teach you high-school civics, am I?
Senator: [laughs] Actually, I wish you would. I think some of us could certainly use it.
Judge Ethan Rickover: Senator, it's been a long morning. If I- If I might, could I ask for a brief recess?
Senator: I think that's an excellent idea. We can all use some air. Uh, we can reconvene at 10:15.