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Wants me to come out declare for her, yes or no. well, i don't make snap judgments before hearing the evidence, before hearing the testimony. >> but think about an average democrat in pennsylvania who knows you voted for thomas, voted for olito, voted for roberts, voted for scalia you're still up in the air on whether to vote for kagan. what did those four gentlemen have that you're wondering what kagan has. >> in each of those cases i attended the confirmation hearings. i asked a lot of probing questions. i talked to my colleagues and i came to a -- a considered judgment. and that's the way i...

Vernlings is in the -- over a year now, this long standing battle in congress over something called the employee's' free choice act which would essentially make it easier for unions to organize in nonunion industries. mr. becker believes the national labor relations board, which again he could be one of the next members appointed to, if confirmed, can unilaterally make changes to that legislation, conservatives and republicans oppose his nomination, saying he is a union labor radical, if you will. we should see a vote on his nomination, a procedural one, later today, that will decide whether h...

Why they had to write it down. why couldn't it have been part of a verbal briefing to say we are aware of this, this is in the public domain and you should know about this and think about how you want to deal with it. why make it part of the appendix when it could be leaked i think is something that makes him angry and i think that's legitimate. i think when he has his own people in there he will have a different tune but it's not going to change this dynamic of people being offended within the community and secondly he's still going to have real tension with congressional republicans who agre...

>> okay. how about elena kagan for solicitor, you voted against her. have you decided, i mean, you're very discerning in these things. you've made some mistakes. is that a mistake? >> no. she would not answer important questions. the nomination for supreme court is very different. you can't ask a supreme court nominee how they're going to vote because of judicial independence. i asked her when she -- if she was solicitor general, what would she do with the case where the holocaust victims were suing insurance companies? she wouldn't answer. i asked her, what would she do in a case where surviv...