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An issue which is relevant to the march for life the tomorrow i would find it very difficult, i was saying in that article, to strike down a provision on the basis of substantive due process. >> laura: yeah, he went on. he was asked about the larger question was about abortion. he said 14th at mend pment, does it have two layers? well -- why was no one there, though? that's amazing compared to what it is today that is incredible >> laura: the first day were his kids that filled the yeahed against. the most fun thing about that, we have to do this on a show. in the background you saw tony...

Inclined to support him. >> when you say, is there -- is there something specific that he didn't answer your question, if he answers it in a better way, you will be opened to supporting him? >> well, i questioned him on two different topics, chuck, there were many others that other members of the committee questioned him on that concern me. i really went to school on the issues around presidential power and in particular, whether or not it really is his view that a president can fire at will a special counsel investigating him, just because he dislikes the special counsel or the job he's doing...

They change precedent. that's what the supreme court does. you talked about having it both ways with the anonymous op-ed. that's having it both ways too. >> well, the united states supreme court is not supposed to be a little congress. it's not supposed to be politics. the law is not supposed to be politics pursued differently. >> right. >> having said that, there's nothing wrong with a nominee saying, i'm not going to tell you how i'm going to vote, but let me tell you how i analyze a substantive due process case. >> he could have done that. >> now, that's fair. >> it is fair. he just hasn't ...

That comes to me challenging roe v. wade. i think that would be a huge mistake. >> fine. but he could say, i said this about roe v. wade. here's why i said it's not settled law. i'm not just going to say settled law because i wrote here that it's not settled for the supreme court. they change precedent. that's what the supreme court does. he talked about having it both ways with the anonymous op-ed. that's having it both ways too. >> well, the united states supreme court is not supposed to be a little congress. it's not supposed to be politics. the law is not supposed to be politics pursued di...

Amendment? robert bork described it as an inkblot. do you share that assessment? >> so i think the ninth amendment and the privileges and immunities clause and the supreme court's doctrine of substantive due process are three roads that someone might take that all really lead to the same destination under the precedent of the supreme court now which is that the supreme court precedent protects certain unenumerated rights so long as the rights are as the supreme court said in the gluxburg case rooted in history and tradition and justice kagan explained this well in her confirmation hearing that...