each other. >> venomous. the name scorpions describes their personal relationship. >> it does. someone who observed the court said there were nine scorpions in a bottle all locked in and all wanting to outdo the others. and through that they achieved their constitutional greatness. >> what we're facing is the potential for what they created to be reversed by the conservatives who are trying to bring us back to a different era of small government? >> i doubt it would go that far but there is a reality that many people who on the conservative side and don't like big government think what went wrong in our country was the supreme court stood by and allowed that to happen and would like to turn it around. >> the issue then is take today's nominees and full disclosure you and i are good friends of elena kagan. where does she fit in this paragon? >> she was never a judge before. none of these four people were judges. eight of the other justices today were judges before. so justice kagan does have that distinctive feature. >> does that help or hurt? >> i think it's a huge plus. i think being a judge,
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