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He has leveled personal attacks against federal judges and career prosecutors who dared to see his promised muslim ban for what it is. >> a short time ago, the south carolina senator lindsey graham noted the overwhelming confirmation for justices scalia and ginsburg years ago, he suggested they return to less partisan times, worrying that it might destroy the judiciary. see if that happens this week. >> certainly looking forward to how it all plays out, thank you. i want to go to you first, congressmen put hilarious to me in 2006 neil gorsuch easily won support for a lifetime appointment to th...

>> sean: a judicial activist assembly of a liberal -- put a liberal would want on the court? somebody believes that the constitution is a living and breathing document that they have the right to almost legislate from the bench, not respecting separation of powers, coequal branches, correct? >> that is right. for an activist, it's all about results. policy results that a particular judge might like where a group of people may like. that is not what judging is all about. if you want to do that, you should run for office. you should not be a judge. >> sean: my two favorite justices was justice a...

A liberal would want on the court? somebody believes that the constitution is a living and breathing document that they have the right to almostso legislate from the bench, not respecting separation of powers, coequal branches, correct? >> that is right. for an activist, it's all about results. policy results that a particular judge might like where a group of people may like. that is not what judging is all about. if you want to do that, you should run for office. you should not be a judge. >> sean: my two favorite justices was justice antonin scalia and clarence thomas. a lot of republicans ...

Personal lives. he interpreted the first amendment to mean what it means, congress should make no law interfering with the exercise of religion. the big picture is judge gorsuch embraces the idea of originalism, the meaning of the constitution was fixed at the time it was ratified and it's only been changed each time it was amended 27 times and as it's going to be changed again, the states have to amend it, the court can't amend it. it's not just what justice ginsburg thinks it is, a living breathing document when politicians need the change. heather: rex tillerson to be nominated as secretary...

Analyst here with us is andrew napolitano. >> he wants upia person most lie justice scalia. but in terms of the idea that the meaning of the constitution was fixed at the time it was ratified. a theory generally called originalism. this isth not something in the weeds, it profoundly affects how judges rule. a judge ginsburg believes that it is a something that can be changed. >> megyn: right, a living breathing document. >> if you want to say there is a constitutional right to an abortion, why do you want nine guys or gals up there to make that decision? you go get the american people,