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Host Jeffrey J. Clayton Dives Deep into Criminal Justice Reform Efforts in the United States

The 14th amendment was the result that -- the 14th amendment that guarantees due process and equal protection to all citizens, to all persons, was the results of a civil war intended to enforce the promise of our constitution that all men and women are created equal. the judges simply fulfilling that promise, that american promise, the leading expert on the other side said when we stop this discrimination america would be more true to its ideals and that is what happened here. >> chris: when elena kagan was up for solicitor general last year, she said this, mr. olson, this is no federal consti...

Discrimination. when that gets to the supreme court, i think that will be persuasive to all of the justices on the supreme court. >> chris: you think you will win in the supreme court. >> well, we are not taking anything for granted, the supreme court justices will decide the case, when it gets there. and we believe we are right under the constitution, this judge, if you read his 136-page opinion, that analyzes every, single issue, every, single piece of evidence bearing on the case, decided that this discrimination is wrong, it is unconstitutional and should be stopped, we are hopeful and rea...

Harvard law degree. three others yale. i should say four others yale. clearly that's an ivy league background. judicial monastery, talking about being a judge. it is true elena kagan has not been a judge. the first nonjudge in 40 years as william renquist. as people point out william renquist went on to be chief justice and he was not a judge, so that wasn't a problem. the president wanted real life experience, excellence, experience, integrity, a passion for the law. he characterized her as a trailblazer, not only the first woman dean of the harvard law school but first solicitor general. she...

Week when a federal judge ruled a voter-approved ban in california is unconstitutional. ted olson argued and won the case which surprised a lot of people because he's a leading conservative lawyer who was solicitor general under george w. bush. and, he joins us now from wisconsin. let's start with the issue of judicial activism. 7 million californians voted for proposition 8. 7 million people voted to amend the state constitution to ban same sex marriage. now, a single judge overrules all of them? >> well, that is why we have judges, that is why we have an independent judiciary. we do not put ...