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Advising them on how to go about do that legally in conjunction with senator graham's effort and others and it was a bipartisan effort and we put together our best effort. the d.c. circuit upheld it and the supreme court of the united states eventually many years later felt the process was insufficient. to say there was no process would be inaccurate too because the detainee treatment act had a long list of prescribed processes and the question is whether they were adequate enough under the suspension clause and that was a close case that divided the court very closely and i respect that decis...

For instance for brown versus board of education is the textbook example of this. so with these things in mind i'd like to explore the approach you'd take to supreme court precedence. could you tell us what you believe is a value of precedent in our legal system? >> if i could go back to promises. i have offered no promises in how i'd rule in any case to anyone and don't think it's appropriate to do so no matter who's doing the asking and everyone wants a fair judge to come to their case anyway open mind and decide on the facts and law. one of the features of law is on

Decided a few years before roe the case where the court found constitutional right to privacy. can you tell me your views on griswald? >> senator, it's a precedent that's now 50 years old. it involved the right of married couples to use contraceptives in the privacy of their home. it's 50 years old and been repeatedly reaffirmed. all important factors inning precedent. >> well, i think i'm going to stop questioning but i'll sum up what you and i just talked about in regard to precedent. so everybody understand the principle are at stake here. there are two reasons why you can't give your opini...

Power amalgamated founders worried that would be the very definition of tyranny. you can see why. we're life tenured. you can't get rid of us. it only takes a couple of us to make a decision or nine or twelve depending on the court. it would be a poor way to run a democracy and at the same time with respect legislators may not make great judge because they're answerable to the people and when you come to the court about a case or controversy about past facts you want a neutral, rigidly neutral, fair, scrupulously fair decision maker. you want somebody who's going to put politics aside. so the ...

The full weight and respect to due precedent. >> those two cases were five to four decision. let me ask you about something that was unanimous. the supreme court ruled 9-0 the obama administration couldn't tell a church what ministers could be. the only controversial thing about that case is the obama decision tried to convince the supreme court a bunch of government bureaucrats can tell a church who the ministers could be. that case was 9-0. can you tell me if that case was decided correctly? >> respectfully i'd give the same answer. >> ok. those are relatively recent cases. let's talk about ...