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Terms even by extension and certainly he's not -- i don't know anybody who's on the history of the court who would label him an activist judge. >> so a couple things about that, it is really weird to say what we want is someone with experience litigating. i don't want you to be like thurgood marshall. he's one of the great litigators in american history. thurgood marshall was part of the civil rights revolution, something to which conservative republicans really think was activist by the warren court, even the burger court. they do object to that kind of law. thurgood marshall is an historic f...

Why invoke him in those negative terms even by extension and certainly he's not -- i don't know anybody who's on the history of the court who would label him an activist judge. >> so a couple things about that, it is really weird to say what we want is someone with experience litigating. i don't want you to be like thurgood marshall. he was one of the great litigators in american history. he was part of the civil rights revolution, something to which conservative republicans really think was activist by the warren court, even the burger court. they do object to that kind of law. but thurgood m...

Terms even by extension and certainly he's not -- i don't know anybody who's on the history of the court who would label him an activist judge. >> so a couple things about that, it is really weird to say what we want is someone with experience litigating. i don't want you to be like thurgood marshall. he was part of the civil rights revolution, something to which conservative republicans really think was activist by the warren court, even the burger court. they do object to that kind of law. elena kagan says she learned an awful lot from that position, she was exposed to the supreme court as a...