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Interrupt you for a moment to clarify, justice scalia has praised justice barack. judge barack in israel has been praised as a great visionary by none other than antonin scalia, so isn't it a little bit unfair to pin this on her when many republicans and conservatives and someone who is as conservative a hero as justice scalia as praised judge barack? >> i would praise judge barack too as a brilliant jurist, no question about it, but if you're asking whether a judge lives within the constraints of the law, he doesn't. it's just that simple and he has established a court over there in a very re...

Know of any democrat that wants to filibuster this nominee and i personally don't believe that judges should be filibustered. but be that as it may, i would be surprised if anybody talked about filibustering anybody on the republican side. the only ones that have really done that were democrats, including the president. >> i wanted to ask you what issue were you raising when you in your statement today that the question that you have is whether the constitution controls her or whether she will control the constitution, what is your concern. >> that is is ultimate definition of activism, the la...

tell that we don't have is her kindergarten report card. >> i'm andrea mitchell life in washington and you're watching msnbc's continuing coverage of the confirmation hearings of president obama's second supreme court nominee, solicitor general elena kagan. members of the judiciary committee have been making their opening statements. and in her opening remarks, elena kagan is expected to portray herself as a main stream and impartial addition to the nation's highest court. but members of the judicialary committee are painting a very different picture, trying to portray kagan -- kelly...