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It become unconstitutional in your view? and olson wasn't going to give him a day. olson was simply going to say what matters is that it's unconstitutional now. >> and i can tell you in his preparation olson knew that he was going to get this kind of question from scalia because it's no secret how scalia views the constitution. >> let's talk about one more sound bite and then your broader take on today. on the side arguing for proposition 8, the ban on same-sex marriage, the issue of procreation and children really came up a lot. that surprised me. list listen here. this is justices questionin...

Could talk to them today? >> well, listen, i would tell them they're on the wrong side of history. that ultimately if we don't do something now about these mass killings and about the everyday violence that happens in our cities, it's just going to continue. i would say they're wrong on the constitutional question. a lot of these senators believe that the second amendment is absolute. it's not. i support the second amendment. i support the real second amendment and the real second amendment allows congress and allows our community to put reasonable restrictions on the kind of guns that are ava...

You spent a lot of time speaking with him. >> brilliant legal minds. >> and old friends. >> and old friends. who in many cases -- >> olson's response to scalia. >> in many cases they're on the same side of the argument. in this particular case they're not. i think olson's response was to try, as good lawyers do, bring it back to his case which is that ruling against same-sex marriage in the state of california was unconstitutional, so what he tried to do was answer his question with a question and then bring it back to his main point. >> he was trying to make a very clear point. his view as an...

The serious question of last week are you better off than four years ago? it's a tough charge and legitimate charge. reagan did it well. he beat carter with it. >> he's got to remind people of what he inherited when he walked in the door. second, he's got to acknowledge that it has been more difficult, it's taken longer and it's been a harder road than he thought it would be and he knows you are disappointed. because he's disappointed too. >> would that work? would it be all right to say i was in a ditch i pulled the car out of the ditch, it's not running right. >> it's better than what he's g...

Democrat here. you first, then him. you're a pro at it. how does the president address the serious question last week are you better off than you were four years ago? that's a tough charge. a legitimate charge. >> i think he's got to do a few things. first, remind people of what he inherited. second, he's got to acknowledge it's been more difficult, taken longer and been a harder road than he thought it would be and he knows you are disappointed. because he's disappointed too. >> would it be all right to say i pulled the consider out of the ditch. it doesn't isn't running right. >> it's better...