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Lower counts weren't bound to follow the precedent of the supreme court. >> is there a single supreme court justice today who agrees with every opinion of the court? >> i think that's got to be zero. >> right. >> so how does that get netted out in the next controversial case when you use these terms, precedent, super precedent, precedent on precedent? how does that get netted out? >> ordinarily it gets netted out by the court following the precedent until and unless the conditions for overturning something are met. brown versus board the most example of that happened. eerie railroad case. ther...

Decision the supreme court has ever made is right and now a part of the permanent rule book. you sometimes have to throw them out. so sixth grade level, help us understand how from 1896 to 1954 you've repeatedly called brown the greatest moment in supreme court history. it's one of the greatest moments in american history as well. in those 58 years, the court was wrong for that whole time and yet the way we think about precedent, we might have or six graders thinking of every decision as right. how do you reconcile the two? >> the factors that the supreme court looks at, the decisions not just...

You follow the decision by the court subject to the rules of stare decisis. that's part of stability, predictability and part of impartiality, part of public confidence and the rule of law that it's not just going to move pillar to post and the wall is stable and foundational. again, it's not brown versus board shows it's not absolute. that's a good thing. but it is critically important to the impartiality and stability and predictability of the law. >> the fact that harlan should have been the guiding opinion for 58 years isn't true just for the supreme court, it was also true for an appellat...

Inteariorty from it is a educational facilities and separate facilities more generally. that's how he was able to show that the precedent even with principles of stare decisis in place should be overturned. >> if you're on the court during that period, that 58-year period, i want the get to precedent, super precedent, precedent on precedent, super duper precedent. but one of the reasons you think this is because of the harland dissent. so back up. sixth grade level. what is the purpose of a dissent? why do we write them? >> we write dissents because we in a multimember court disagree with the ...

Archibald cox, he obstructed justice or the firing itself violated the constitution. it's important for you to know your views on nixon as well. i want to know what you think about the constitution and if it prohibits restrictions on the president's ability to fire a special prosecutor. >> my views are what the precedent says. in other words, i follow the precedent. the precedent of the supreme court in u.s. v. nixon case did apply that regulation -- >> judge, that was unanimous? >> it was, 8-0. >> are you aware of any justice questioning the decision? >> no. i've called it one of the four gre...