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Kagan last year and they preferred sotomayor. >> they had a chance to appoint a hispanic female tone and to demographics that were underrepresented. i don't see any problem whatsoever with the fact she's never been a judge before. i think that's a political plus among the senators. >> well, i don't think it is a problem. i think if you were making the case for diane wood before this day, what you would have said was, not just because they had the judging experience, but the judging experience on conservative appellate court where is they successfully over a career brought justices over to libe...

But that's one thing she doesn't have. >> again, we don't want to oversimplify this. it is not like anthony kennedy is in the middle easily swayed, but every case has thousands of issues. you can move people over. some justices can move people in the middle. others can't. it seems to me, a strong personality by cay dan is helpful for progressives. >> the senators know her. already, the early counts are in. tom goldstein who writes about the supreme court says he sees 65 senators voting to confirm her. less than sotomayor received, but enough. some republicans already voted for her to be solici...