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Mind. i'll listen to the arguments, dig into the history. i've seen all sides of this. i'll have a completely open mind on the constitutional issue. again, briefs and arguments. i think i've shown a capacity to -- if i'm presented with a better argument than something i've had before to adopt the better argument. i've done that. a good example of that in the national security context and the first case, i pointed out how i reconsidered something i had written before in a national security context. but the larger point is that i've not taken a position on constitutionality before. >> well, i'll...

Of independent agencies general. the humphries executor -- [protesting in the background]. i think she's referring there -- i read her as referring to independent agencies are traditional and permissible. the independent counsel statute is different from the independent agencies that existed with the federal trade commission securities and exchange commission. i did not real her old article to in any way -- >> let's put it this way. justice kagan may have complimented scalia's dissent. you criticized the independent counsel statute as a travesty. i'm trying to get to the bottom of why you held...

Took my lead from her comment. i cited her comment many times in speeches i have given. that statute is real important to be clear here and you know this so everybody understands, that statute hasn't existed -- >> still good law, is it not? the holding by the supreme court in morrison v. olson even though the independent statute has passed into history, morrison v. olson is still good law? your own circuit said so this year? >> i think the humphries executor -- >> that's yes or no. the d.c. circuit held this year where you wrote a dis-september that morrison v. olson is still good law, correct...

Or arguing nor the unitary executive theory that scalia and his dissenters argued. i'll give you another point. you said justice scalia never had better quote than in morrison v. olson. you go on to say you believe his views will one day be the law of the land. i assume here you're talking about the constitutional analysis in scalia's dissent and you express a hope and expectation that it will be the law of the land. you sit before me to be a nominee that is a seat within your reach. >> again, senator, i want to avoid melding a lot of different things into one. they're very important to keep d...

First judicial hero, chief justice rehnquist. chief scalia dissented in a well--crafted dissent. for those seven justices, they wrote an important decision which i believe you have challenged and criticized because it restrained the president's power to fire the independent counsel. just two years ago, you were asked at a public event to name a case that deserved to be overturned. any case. after a pause, you said i can think of one. there's some chuckling. you said well, sure. morrison v. olson. i'm struck by that having watched that speech. not matsu, not cases that taught to all first year ...