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This. if we take up energy policy or potential climate change policy, you know better than anyone that's going to take a huge amount of time. we still have some appropriations bills to take up, we have some budget bills to take up. the list goes on and on and we have a lot of work to do here. i just don't know how you're going to find the time to take it up but that's a better question for leadership. >> senator tester, before we let you go, your fellow montanan is up for the supreme court, sidney thomas. do you know if he's met with the president or had an interview? >> i really don't know. a...

Bankruptcy, and some other very technical types of cases. and then he got tapped and put on the ninth circuit from there. and so he's sort of unique in the sense that he's not from an ivy league, he grew up in the west, and he has all -- >> but he has some political ties. i mean, was he close with senator bachus or -- >> i think the senator helped him get on the ninth circuit to start with. conrad byrnes initially put a hold on him but that was related to something else. >> as everything is. >> yes. >> he's one of the more mysteriousious figures. other short listers are people we're all famili...

Emulate as a lawyer. and i think that's in part because he was a private practice for many years. and i think that in the ninth sixth, which as you know, is a very large circuit, largest in the country, and with a lot of different people with a lot of different opinions. i think he's seen as somebody who can pull everyone together. >> i was going to ask you, because the ninth circuit is known as the most liberal of the federal circuits. where does he fall within that? there are very liberal judges on the ninth circuit. where's he on the spectrum? >> i'd say judge thomas is moderate. he brings ...

That loud music. daily "flashback." 1899, duke ellington, jazz composer and musician, was born in washington, d.c. >> right here. duke ellington. washington's own. our supreme close-up focuses on sidney thomas. >> he was appointed by president bill clinton to the nation's largest appeals court. he's known as the first amendment specialist on that court. we should mention thomas has represented nbc. craig cowwee of jenner and block law firm clerked for sidney thomas and joins us now. tell us about him, i mean, the one big supposedly gold star about him is that he did not go to an ivy league l...