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Appeals court judges. the other thing she has to establish is that she will be independent. she is associated with democratic politics. she worked in the clinton white house. she was a high-ranking member of the -- is a high-ranking member of the obama justice department. the idea that she will be a judge for all people, not just democrats, is going to be something she is going to have to stoeb. >> victoria turnsing? >> but, of course, in the end, there is a 60/40 split in that senate, and the democrats, even though they lost robert byrd, will still control this whole hearing. so what the repu...

She, of course, president obama's pick to be the next person on the supreme court. of lots of high drama, because you add into that that today, the u.s. senate lost its oldest and longest-serving member, senator robert byrd of west virginia died early this morning. so lots of activity, lots of history going on. i'm candy crowley. >> and i'm john king. welcome to our special coverage of the elena kagan hearings. in this case, the supreme court nomination for this young president, just a year-and-a-half into his term, this will be his second. justice sonia sotomayor breezed through confirmation,...

Later, if you become a judge. miss kagan has called previous confirmation hearings vapid and hollow. of some probably have been. and have argued that nominees for a lifetime position owe a greater degree of candor and openness to the committee. i agree with that. i agree that candor is needed, and look forward to this good exchange this week. mr. chairman. >> thank you, very much. we'll go next to senator cole, and then we'll go to senator hatch. senator cole. >> thank you, mr. chairman. -- >> an important statement from the ranking republican, jeff sessions. you see miss kagan listening patie...

Certainly want to make their points known, because their base is listening. >> and as we talk here, you're looking inside the senate judiciary committee hearing room, getting ready for the hearings today, of course. what you'll get is opening statements from all of the members, 19 members of this committee. that takes quite some time. they will offer their preliminary assessments of the nominee. and then elena kagan will have an opening statement. and then we'll get into q and a, and that will be tomorrow, not today. as we await these proceedings to begin, let's go around our table here. we ha...

Have used their power to redefine the meaning of words of our constitution and laws in this ways that not surprisingly have the result of advancing that judge's preferred social policies and agendas. she clerked for justice marshal, a well-known activist, and has called israeli judge, iran barack, who has described as the most activist judge in the wormed as her hero. these judges really don't deny their activists' ideas, they advocate it, and they openly criticize the idea that a judge is merely a neutral umpire. few would dispute this record tells us much of about the nominee. in many respec...