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Society, behind kavanaugh are also behind all these senators and nobody wants to quarrel with the big funders of their party. it is all line up, salute, drive this guy onto the court. >> you're one of the more thorough legal minds i interviewed in the senate. i think that's why you're on judiciary, i know you were state attorney general, you sort of -- this is your home turf. help the viewer tomorrow. when various senators ask the question about settled law, what should they be listening for when it comes to if they have -- if they care about the roe decision? >> the phrase settled law basical...

They ultimately ruled that they did, but in morrison, justice scalia dissented and that decision by the way is basically going to be overruled, if it already has been. many jurists including justice elena kagan says that justice scalia was right on point on this. so that decision -- >> but you had a majority decision that went against what you're arguing right now. >> no, not on point because we had several other arguments that were not addressed in morrison and that dealt with a different issue of whether the three-judge court can be the appointing power. so it is a very weak precedent at bes...

Whether or not the special -- in that case, the independent counsel satisfied the separation of powers in the appointment clause. they ultimately ruled that they did, but in morrison, justice scalia dissented and that decision by the way is basically going to be overruled, if it already has been. many jurists including justice elena kagan says that justice scalia was right on point on this. so that decision -- >> but you had a majority decision that went against what you're arguing right now. >> no, not on point because we had several other arguments that were not addressed in morrison and tha...

Confirmation battle. >> in 1973 by a vote of 7-2 the supreme court struck down a texas law criminalizing abortions but in cases where the act would save the life of the mother and the justice majority decision said that it was a privacy issue protected under the clause of the 14th amendment and opponents of roe v. wade say that that decision was undemocrat and before 1973 citizens of each state could determine determine the degree to which they wished to criminalize abortions and roe v. wade is said to have short circuited that democrat process and one chief justice who was a liberal supporter...

Republican side. but you could see some senate democrats up for election in red states decide that they want to vote with the president on this one. how are you approaching it politically? >> the ad, like the one that you just showed, it is really ludicrous because it is exactly the wrong way to approach this. this should not be a political vote. this is not something where you are asking a potential justice, a nominee, how they are going to rule in future cases. but with that said, roe v. wade was wrongly decided and we do expect it to be overturned. now more than ever. it was handed down by ...