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>> marshall was a man of heroic imagination. 100 years after the end of slavery in the '50s, he looks around and lives in a segregated society where people can't go to lunch counters, schools, swimming pools, all of that discrimination, housing and decides that you can use the law to change it. that was such an act of imagination. >> whoever calls the shots determines whether we have integration, segregation or decency. >> it is a uniquely american life, and he talks about america. the last thing that he says, he quotes langston hughes, and he says, america will be, that this is a work in prog...

Insofar as this court is concerned. >> marshall was a man of heroic imagination. a hundred years after the end of slavery in the '50s, he looks around and lives in a segregated society where people can't go to lunch counters, schools, swimming pools, all of that discrimination, housing and decides that you can use the law to change it. and that was such an active imagination. >> whoever calls the shots determines whether we have integration, segregation, or decency. >> it is a uniquely american life, and he talks about america, the last thing that he says, he quotes langston hughes, and he say...

Sessions, and the other comments of senator kyl, two very important republican senators when it comes to judicial confirmations. they were pretty unconfrontational. they were not loaded for bear about elena kagan. they certainly didn't say they were going to vote for her. but the comments were very much in the realm of, we're going to take a hard look at it. we're not making any promises. but if you want to defeat a supreme court nominee the way democrats defeated robert borke in 1987, you need to come out firing the way ted kennedy did and say if robert borke is on the supreme court, you'll h...

Coolidge. it wasn't until the '80s in the advent of multi day hearings being televised things got rolling in terms of the political drama. july 1st, 1987, ronald reagan nominated a vacancy created on the supreme court. within 45 minutes of the bork nomination, 45 minutes, ted kennedy stormed on to the senate floor to declare jbork's nomination essentially dead on arrival. >> robert bork's america is a land in which women would be forced into backaly abortions, blacks would sit at segregated lunch counters and school children could not be taught about evolution. >> that's 45 minutes into the no...

Sensitivity comes in play because i hope that the assumption is always decency even if that's not the follow-through. my point with this is time, place, and manner. >> exactly. [ overlapping voices ] >> not letting them out of the restaurant and all that, cornering, no, no, no. you shouldn't be able to do that. go on. sorry. >> look, i think when you're going to get into it, you have to know what you're going to get out of it, right? that's a good line. i didn't come up with it. when you're going to get into it, you got to know what you're going to get out of it. i would ask what the analysis ...