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Liberties of law abiding gun owners, they wreck the constitution. todd: it's obviously a topic for discussion we will be hearing a lot more of this. i want to switch gears for a moment. andy biggs republican congressman out of arizona wrote op-ed on friends@foxnews.com. where he says congress needs to do something about what he calls so-called rogue judges. enforcing or going up against federal immigration law. the federal immigrations law there, they disagree. people file something in the ninth circuit. they change the law for the entire nation. my question for you, judge, is that a slippery ...

What we are seeing from these judges beginning with wendy vitter last year and other nominees, including the deputy attorney general who was just confirmed yesterday, is a decision to refuse to endorse brown, which used to lie at the center of the cannon, within the legal profession. we should take note there's a concerted effort to move brown to the margins. >> to what end? are these judges that do not believe the doctrine of separate but equal is invalid? are these judges who one day might take a chance of overturning this landmark ruling? >> that's why you ask the question because you reall...

Something new has happened, and what we are seeing from these judges beginning with wendy vitter last year and other nominees, including the deputy attorney general who was just confirmed yesterday, is a decision to refuse to endorse brown, which used to lie at the center of the cannon, the center of the condescension within the legal profession. we should take note there's a concerted effort to move brown to the margins. >> to what end? are these judges that do not believe the doctrine of separate but equal is invalid? are these judges who one day might take a chance of overturning this landm...

Think. is that what they think? chief justice roberts felt comfortable talking about brown, he said, because he put brown in that category of cases like mar berry versus madison, the 1803 decision that established judicial review. he put it in that category that they were unlikely to ever return to the supreme court. so that's what chief justice roberts thought in 2005. are there now members of the legal profession who believe that brown, the question of whether state sanctioned apartheid is constitutional or not? an issue that name return to the supreme court somewhat possible reason could on...

Review. people were familiar with that, people had written about it. he made it happen for the first time, 1803 decision where he was scolding the jefferson administration. he said they should have given a man an appointment to which he was entitled, but he could not give william the redress he sought because the law he was appealing to was unconstitutional. >> what was the court's role in american life back then and who was john marshall? how did he get there? >> the court's role was kind of small. the chief justiceship became vacant. adams lost his re-election. as lame duck, he was trying to...