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Without joining into that. i think we have a different problem much more serious and that is the question of the court's legitimacy. i think his rant, partisan rant accusing unnamed democrats of being out to get him and his threat that goes around comes around poses a big problem for him and the court specifically and we heard kagan speak saying she is concerned on the court concerned that now the united states supreme court which was the jewel of our legal system is viewed as simply skins and shirts. red and blues. it lacks legitimacy. that's the problem for all of us. >> josh, i'm curious wh...

States. not one whit. all she wants is to impose her vision of social justice on every single american and she will find a way to vote liberal on every single issue. that's not what a supreme court justice should be, brit. >> well, i don't -- i don't think that's what a supreme court justice would be and i don't think that some of ruth bader ginsberg would dispute your characterization of that. >> bill: i can prove it all day long. >> well, that's another conversation. i would simply say that it's very difficult to assess what kind of a justice elena kagan will be. i think it would probably be...

The constitution of the united states. not one whit. all she wants is to impose her vision of social justice on every single american and she will find a way to vote liberal on every single issue. that's not what a supreme court justice should be, brit. >> well, i don't -- i don't think that's what a supreme court justice would be and i don't think that some of ruth bader ginsberg would dispute your characterization of that. >> bill: i can prove it all day long. >> well, that's another conversation. i would simply say that it's very difficult to assess what kind of a justice elena kagan will b...

>> do you think he was -- we chatted about this before, you know, the bush/gore decision. he didn't like being typecast, the judge on the right and he felt it was his moment to be above that. you think that's a dangerous way to make decisions. >> he reads tea leaves and he's extremely political. he reads the media. the libs know that and the libs, like the mob, will be in for the next decision. they'll want more from him. this is why i argued six or seven years ago men in black and i'm going to reintroduce this argument, term limits for justices. if they want to be political they shouldn't ser...

Not one whit. all she wants is to impose her vision of social justice on every single american and she will find a way to vote liberal on every single issue. that's not what a supreme court justice should be, brit. >> well, i don't -- i don't think that's what a supreme court justice would be and i don't think that some of ruth bader ginsberg would dispute your characterization of that. >> bill: i can prove it all day long. >> well, that's another conversation. i would simply say that it's very difficult to assess what kind of a justice elena kagan will be. i think it would probably be difficu...