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Maybe closer to samuel alito and chief justice roberts. >> he's in the pragmatist wing of the conservative block. but the varieties of interpretation and originalism on display are interesting. justice thomas had a concurrence where he talked about respect for precedent. he said when faced with erroneous precedent, my rule is simple, we should not follow it. [ laughter ] paul: that would throw out an awful lot of law. >> an antonin scalia described himself as a faint hearted originalist. paul: when we come back, overland college is ordered to pay $44 million in damages after a jury finds it de...

She was joined by justice sonia sotomayor and elena kagan but then also by justice clarence thomas and neil gorsuch. and then you had the chief justice sam alito part of the conservative block, but then also steve breyer and brett kavanaugh on the other side. but, you know, i think what people are really going to remember about this term are the decisions that we still haven't gotten yet. >> peetd, what's your take on how the chief justice is trying to position himself both on the court now as we watch it every day but also kind of for history. and this comes as ruth bader ginsburg is saying t...

The right of the bench. many are expecting justice kavanaugh will join the conservative block in his vote. he's sitting next to justice elena kagan. during the breaks the two of them sort of laughed together, shared a few moments, talked a little bit. they are no stranger to each other. when elena kagan was dean of the harvard law school, she tired brett kavanaugh as a professor. those two do have somewhat of a history. can you see the lineup there, brett kavanaugh taking his situation, which is always reserved for that junior most justice. >> thank you. the president has using the drama surro...

Fight. newly confirmed supreme court justice, brett kavanaugh, wasting no time. the junior-most justice asked several questions on about seven different occasions during his first day on the bench. chief justice john roberts started the session, saying it was a great pleasure to welcome kavanaugh to the court, and wished him a long and happy career in our calling. >> i, brett m. kavanaugh -- >> reporter: he was ceremonially sworn in monday night by the monday whose seat he's taking over, anthony kennedy. justice kennedy was notably the court's swing vote. but justice kavanaugh could sit much f...

Same-sex marriages, is that surprising? >> it's worth noting that 80 or 90% of the time he was voting with the conservative block. that is why i think he feels comfortable handing this pick over to trump. if you read the letter, he says my dear mr. president. he feels confident handing that pick over to somebody whose going to pick something like neal gorsuch. the court is already conservative, the difference is now that the court is going to move even further to the right. further away from where america's at. one thing i think conservators need to wonder and be concerned about, if the court ...