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Presidents warrant was wire -- wireless wire tap program justified under article i: the detroit federal judge said it was unconstitutional, the sixth circuit got it with a standing decision 2-1 with the dissenting opinion much stronger, application for cert, denied, and this is something i discussed with you in our mailing, which i sent you, a series of letters on issues which i intend to ask you about, and that was one of them. i was concerned about your decisions as solicitor general on the ca...

Elena kagan has been described as a liberal progressive by the presidents chief of staff. i dont care so much about that. thats the kind of person president obama is going to nominate. the question is can she lay that political ideology aside? i think some judges with some political background are able to do that to some extent. even though i voted against judge sotomayor, there werent too many decision where they are political ideology shown through. in the case of elena kagan we dont have thos...

But at least the supreme court ought to ask you how you would -- not how you would decide the case but would you consider it. the case of 9/11 has not been heard, the petition for cert from the second circuit, the second circuit said well, the sovereign immunity case doesnt apply because saudi arabia hasnt been declared a terror statement thats really got nothing to do with the act, congressional intent, torts are not covered by sovereign immunity. you disagreed with the second circuit that said...

Hearing room. we watched the opening statement down the row. as a republican you are building the case against elena kagan. how far will you go in that and what are your biggest questions about elena kagan and who she is or who she might be as a justice on the supreme court? >> my opening statement wasnt so much to build a case as it was to lay youth the questioning i intended to pursue. is told her about those same questions when i met with her privately. they are joined by scene overarching th...

Theres an interesting case captioned, minnesota versus white, a justice scalia opinion, in 2002, which struck down a requirement of the minnesota bar association which prohibited judges from saying how they would decide cases. the supreme court said that was an infringement on first amendment rights of freedom of speech, now, that doesnt say that a judge should answer the question, but it does say that a bar association rule prohibiting answering the question is invalid. which leaves the judge, ...

Nonetheless she argued for health exception which 70% of the country was against. 70% of the country was in favor of this ban. how big an issue does that get to be hear her? >> i dont think it will be the issue. for people on the right in terms of the social issues, abortion is a major issue. if you were to look at the play bactheplaybook for republicans,y would say this is a hot-button issue. the depth of that issue goes beyond the daschle amendment that steve was talking about. there was a cas...

Becoming a supreme court nominee. example, chief justice roberts worked for ronald reagan, for example, but he said theres a difference here and the difference is she was actually involved in domestic policy advocacy, and there, you get into issues like partial birth abortion, and he said specifically that she was the one who convinced clinton to veto such ban on partial birth abortion in this country. he didnt mention it but suggested, again, if you look back at that history with paula jones ca...