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Is that going to be in your feature in your next brief? i saw a few lawyers joking about essentially miller handing the opposition ammunition. >> it -- i mean it is a troubling statement if they're going to put back into place as he put it the same basic policy that the courts have already held, raised serious constitutional questions, that's a problem. that's a real problem. >> how much does intent matter? i think that's -- it's something you said to me the last time we spoke, it stuck with me. the intent alone can render something unconstitutional. a policy that would be perfectly fine if th...

Protect. there's some ways in which that hurts them because they don't have anything to point to. but they also don't have to defend the specifics of something. legislation is messy, there's going to be parts of it people don't like. remember the death panel mythology of the affordable care act, right? >> sure, sure. >> so it strikes me that in some ways it almost gets almost more difficult once they're actually defending an actual living piece of legislation. >> sure, that's it. listen, we have to recognize, millions of people do oppose the aca. politifact called it the lie of the year saying...

Jeff sessions was siding against children. >> what is striking to me is the amount of power the doj has and something people opposing jeff sessions's nomination were talking a lot about. obviously the people supporting him recognized the power of it. you work in the civil rights division. how much latitude, how much power does an attorney general have in terms of what civil rights laws get enforced? >> it has a ton of power, chris. and certainly in the title ix context and in title vi, the doj has authority to advise all the agencies what about the law is, what their obligations are, what they...

My question is, there's something about what spicer said that's true, right? the people in that room don't represent the broad spectrum of arkansas public opinion. the question is, how much does that actually matter? >> well, i would have to say this. i mean, majority to the congressman's point. of voters did not vote for donald trump or vote for the policies that he stands for. and people are indeed very angry. they're angry about the ban, angry about losing their health care, angry about deportation. they're angry about russia. they're concerned about the direction this country is going. and...

Of education is generally not a super high well-known position. >> everybody knows her name. >> everyone knows her name, huge amounts of interest. >> quick name that secretary of education in george w. bush. i can't either. >> heather something, she's from texas. >> all right, you went to college. not fair, you have a degree. >> ding, yes. >> you know what i'm saying you're right. nobody knew now everybody knows we have a secretary of education that has never entered a public school. >> someone in the control room was telling me ficas plant. watch tom cotton get a question about betsy devos be...