brief. some say it's proof she's an activist, not somebody who is necessarily impartial. jeff said that he thinks it shows she's out of touch with reality. he says he thinks she made a big mistake. he said is it disqualifying? i don't know. but it's a significant issue. and at the same time you have democrats trying to downplay it. patrick leahy saying, what's the big deal, she's nominated to be supreme court justice, not secretary of defense. just the beginning of this particular issue. >> boy, all right. our senior congressional correspondent, dana bash for us. appreciate it. thank you. she's just 50 years old. and if she is confirmed, elena kagan could shape the supreme court for many years to come. jeffrey toobin joins us now with insites into kagan's nomination. good to see you. you have been on the record, sir, for some time now with your