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Scalia would say when did it become unconstitutional and he gave some dates for same sex marriage, then olson responded with a question, saying you know, about interracial marriage. why does scalia say that is a key question? >> well, that really goes to the heart of scalia's judicial philosophy. he is what he calls an originalist. he thinks the constitution means precisely what it meant in 1791 when it was ratified or 1868 when the 14th amendment was ratified, he says the constitution doesn't change. implicit in his question was look, in those eras, they certainly were not thinking about same...

Brown versus board of education, in their brief they compare this to the great civil rights issues of our time, and he said that's exactly why the court is here and that's why it ought to rule on the larger issue. >> jeff, i don't know if you heard, we played the scalia/olson exchange where scalia would say when did it become unconstitutional and he gave some dates for same sex marriage, then olson responded with a question, saying you know, about interracial marriage. why does scalia say that is a key question? >> well, that really goes to the heart of scalia's judicial philosophy. he is what...

Marriage, then olson responded with a question, saying you know, about interracial marriage. why does scalia say that is a key question? >> well, that really goes to the heart of scalia's judicial philosophy. he is what he calls an original. if he thinks the constitution means precisely what it meant in 1791 when it was ratified or 1868 when the 14th amendment was ratified, he says the constitution doesn't change. implicit in his question was look, in those eras, they certainly were not thinking about same sex marriage. so what he was sort of mocking olson's argument by saying well, if it wasn...