practices against a union, in that case. in that case we ruled for the union against walmart in that case on the ground that the factual record supported the conclusion that the company had engaged in unfair labor practices and, therefore, violated the rights of the union members. >> now to something that i believe i've discussed with every nominee to the supreme court probably for the last 15 years. it's not about a case or your approach to the law. it's something that senator kennedy talked to you about yesterday. it isn't a very popular subject with some of the current and former justices. i think i make chief justice roberts uncomfortable when i raise the issue with him when i speak for a short period of time with the judicial conference. there was a former -- when justice sudor he made a quip