[Clump]

They are the same as everyone else's. It applies when you agree with the precedent, and it doesn't when you want the precedent changed. That is my summary of what nominees spend 20 minutes saying in a way that sounds logical. BTW, I would go through the same incomprehensible formula were I in their shoes.

[Piranha]

I think he must have given a more systematic outline with various tests, as is customary when a court reviews an issue that requires independent judgment. Courts construct tests all of the time, and from his comments this morning it seems as though he has a specific test (comprised of multiple points) that he will use to analyze these situations.

[MamaTexan]

BTW, I would go through the same incomprehensible formula were I in their shoes.

May I ask why you think it incomprehensible?

Or did I misunderstand?