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President of the family research council. thanks for joining the program, tony. >> hey, alex. good to be with you. >> tony, we are now as -- whenever there is some sort of topic of debate inevitably that results in a dig back into the romney archives. this time we didn't have to go far. those comments were made in january. in 1994 he talked about a different world now than it was in the '60s when he was grow up when mom was at home and dad at work. we've been looking at his hiring record while at bain. there were no minorities among the 95 presidents and only 10% women. is this a good line of ...

Process takes on a farce. there are court watchers including those that do think that kagan kagan is a good pick and like her. here is what they told me. >> she may regret it a little bit, and i'm sure she will get a lot of grilling about it. but i also hope that that will make her err on the side of being more forthcoming than less forthcoming. >> reporter: we'll see if the senators use it that which and how she responds. jon: i know conservatives have raised many concerns about her. what about those on the left. >> reporter: the one issue we've heard with her. they have a problem with her hi...

Man and one asian-american woman. a professor and resident scholar, contributor to grio.com. mr. sullivan at harvard law school, hired by elena kagan, director of harvard justice institute. we appreciate your time. you accuse elena kagan of systematic racism. why? >> well, number one we know we're about 200 years too late putting a black woman on the supreme court. that right there is the first level of disappointment. that's not elena's fault. what's interesting, when lou at her hiring record, she hired many, many -- dozens of tenure track faculty, not one african-american, latino, native a...

The pentagon's don't ask, don't tell policy. and this could wind up being one of the big issues when her hearings roll around. other critics point to kagan's lack of litigation experience, and her scant writings. there's not the usual paper trail that's used to vet a supreme court nominee. kagan has no judicial experience, never been a judge, and has only written a few legal articles. also, some worry that her lack of a public record means that nobody knows what kagan stands for except president obama. still, others question kagan's hiring record. when she was dean of harvard law school, four ...

Respect her. you can hear it in scalia. he tweaks her sometimes at argument. there's the collegial teasing going on. but as i said, i don't know that goes to this larger question of whether she's having a huge influence over them on the juris prudential front. it all comes down to anthony kennedy at the center there and i think the suggestion that she's going to have the ability to really shape and change kennedy's mind the way john paul stevens did, i think again, is a bit of an overstatement of a very complicated relationship between stevens and kennedy. >> one last brief question for you. o...