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As even scalia said, is a way of asserting judicial legislation. so we're still in mid stream with her, but i'll say this for her, chris. she's been a lot more forthcoming than most. she was willing to she was willing to pick up the cudgel on televising supreme court hearings, and i think if the supreme court was televised and if the people understood what was going on, that they decide the cutting-edge issues of the day, that they would be a lot more responsible. >> are you going to vote for kagan? >> i'm thinking about it. you don't expect me to make a declaration. >> i know >> standing on o...

-- it looks like it is changing rules mid stream, mid game, i understand that's politics. has your party ever done anything like that? >> i would new direction for america document that nancy pelosi put out she attacked us we were in the majority. she said she would have this transparency and openness. could we have done better? yes. but never before has this kind of thing taken place where they are looking to avoid accountability on a measure that would have the federal government take control of 1/6 of our economy. when social security and medicare passed there was by partisan support. -- by...

Known when i vote. >> reporter: let me quickly tell you why i'm standing here in the hallway. if you look down this hall, this is a very large suite that ted kennedy had. it is prime real estate here on the capitol complex because it actually on the other side has a nice balcony with a beautiful view of the cap zpol we are close to the capitol sparse senate offices go. this, of course, will be empty and this will be the office of scott brown. usually these offices are doled out by seniority. as one senate official told me he was coming in mid stream, he's going to not only take senator ted ken...

Worry in the great words of the vice president, the middle class has been buried for four yoors. i think what has changed is not statistics out of d.c. it's the perception in the states what people think. >> but that's been a bright point, chuck. we've seen people feel better about the economy. >> and especially in certain places, like in ohio, like in virginia where the economy has performed better than the national average. but you know, it is this, you know, the obama campaign, that their belief in this has been since the sort of bill clinton explanation of digging out of this hole, has bee...

Enjoying too much the commentary about his first oval office address. >> look, you hate to use the word but there is also a certain defensiveness back there right now. they think where people look back and scrutinize the government's effort here that the substance of their response will hold up. by saying that, it is almost a tacit acknowledgement that there have been some style missteps. they resist this notion that, oh, washington and the cable chatterers, they want a certain dance from the president, they can't to see him emote and so on and so forth. yet by their very actions and the way t...