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General because you don't like the outcome of the election. we came up with a standard that you should only filibuster in extraordinary circumstances, which i think is consistent with what hamilton had in mind in terms of the role of the senate. you expect a republican nominee or republican president to pick someone different than a democrat president because that's what the campaigns are all about. qualified judges, and i believe that sotomayor and kagan were well within the reasonable mainstream of judges who would be to the left of center in the judicial philosophy world. that's why i voted...

As lot of political problems. these closely held cop operations are the group we're focused on them. there's a lot of them. keeping it in perspective. 90% of women are working for corporations that give the full range of contraceptive protection. that percentage will go up but it's not going to go up to a huge extent. >> okay. you reference the opinion we got last week from the court, 9-0. not a 5-4 split telling the president he went too far when the senate said it was in session. he had to respect that and he couldn't make these executive appointments. lot of checks on his power. but, i want...

At times to fill in in the case of a recess appointment. one interesting part of the provision, they literally ruled that the recess appointment should be used only in the cases -- not used as a get-around, to get around another branch of government which the president was clearly doing here. >> of course, at this point, the president doesn't need recess appointments family, because senate democrats changed the rule. so it takes a simple majority to -- and they're in control of the senate obviously -- to confirm executive appointments. so given that, how much practical effect does this really ...

Agreements on those. i think as to likely that republicans will hold up a lot of judicial nominations if they get a majority going into the last two years of the president's term because they know if republicans win the presidency back, those will be open judicial positions they get to fill with their own choices. i think the -- i think the filibuster to your point, it doesn't fix the problem of option c and partisan polarization in washington. >> it becomes another problem too, let's say republicans say in 2015 and 2016 let's block the judicial picks because we get the presidency back, let's ...

Said in the sense that i am an optimist about sort of our initial framing and the ways in which the senate was meant to be a protector of minority rights and was meant to be a bit removed from sort of the public opinion of congress. but in terms of this how we've seen them behave, including ted cruz, as much as i would love to agree with you in principle, in practice, that notion that your enemy today could be your friend tomorrow is no longer true, it is an entirely partisan body now. >> well, it isn't, and i think the record is very different from what's being portrayed. for instance, presid...