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Confirmation hearing of judge gorsuch to the supreme court. among our guests who have been so patient and waiting for all this testimony, two commercial breaks and all of our talking is former rnc chairman michael steele. mr. chairman i'd love to what you what i asked know ta totenberg. how much of an ideologue do you find judge gorsuch? >> not much. he doesn't wear it on his sleeve, one of the strengths going into this and why it's going to be as we've seen so far and probably for the remainder of the hearing so difficult for democrats to lay a glove on him. he understands where that bright l...

I have a hard time liking her right now. in places like iowa. so yeah i get this. a lot of the numbers hillary is seeing is because there's no one else in the race. there's a hankering among democrats for there to be a primary. so they put on this facade that oh, yeah 86%, we're with hillary. if you're so much for hillary, why are you still pining for elizabeth warren? you sit there and talk about how the right -- if the right goes too far right, you know hillary has a left problem too. so if she's trying to cater to an elizabeth warren wing or a bernie sanders wing in the democratic party, sh...

>> where is the line, judge, between having common sense and actually turning something into a criminal case? >> i wish there was a bright line and there is no bright line test. when you start -- for some reason, legislators seem to think that they know better than everybody and that because they were elected, they should be mandating everything we do. a lot of times we're picking the lesser of two evil. to let them tell you how to parent and to criminally charge somebody and give them a record for this kind of behavior, it's not like the mother in the first instance was dropping the kid off a...

Were not allowed to influence elections but now are. the supreme court when they allowed this money to go in, assumed it would be disclosed. and yet it is not. the congress can take really common sense steps to, a, pass entirely disclosure legislation that would disincentivize people from setting up the c-4 groups which can serve as the vehicles for dark money. c-4 groups spend $250 million on those types of ads in the 2012 election without telling the american public who was funding their sources. that's the real scandal here. we can have -- disclosure legislation and you can bar c-4s set u...

This a necessary evil or being taken too far or the job of parents? >> the schooling portion of it. if they're implementing it to get in the door at the school. that's where the taxpayers dollars are going to the school and it falls on the parents, for that behavior. do drugs, kicked out of school, and that's on the parents. why should the school be put on the breathlizers and walk the line test and all the things they're doing, to play a sport is a privilege, to go to the prom is a privilege, it's extracurricular. >> anna: and it's very different there. and you think about if the high schoole...