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What we are seeing from these judges beginning with wendy vitter last year and other nominees, including the deputy attorney general who was just confirmed yesterday, is a decision to refuse to endorse brown, which used to lie at the center of the cannon, within the legal profession. we should take note there's a concerted effort to move brown to the margins. >> to what end? are these judges that do not believe the doctrine of separate but equal is invalid? are these judges who one day might take a chance of overturning this landmark ruling? >> that's why you ask the question because you reall...

Something new has happened, and what we are seeing from these judges beginning with wendy vitter last year and other nominees, including the deputy attorney general who was just confirmed yesterday, is a decision to refuse to endorse brown, which used to lie at the center of the cannon, the center of the condescension within the legal profession. we should take note there's a concerted effort to move brown to the margins. >> to what end? are these judges that do not believe the doctrine of separate but equal is invalid? are these judges who one day might take a chance of overturning this landm...

Decision that established judicial review. he put it in that category that they were unlikely to ever return to the supreme court. so that's what chief justice roberts thought in 2005. are there now members of the legal profession who believe that brown, the question of whether state-sanctioned apartheid is constitutional or not? they believe that's an issue that might return to the supreme court? what possible reason could one have not to answer the question? and i do think it sends a signal. there's some signaling happening that everything is on the table. and it's important for people to re...

His confirmation hearing described it as the most important case in the history of the supreme court. so it's not as though this has been some line in the sand of conservative ideology. something new has happened, and what we are seeing from these judges beginning with wendy vitter last year and other nominees, including the deputy attorney general who was just confirmed yesterday, is a decision to refuse to endorse brown, which used to lie at the center of the cannon, within the legal profession. we should take note there's a concerted effort to move brown to the margins. >> to what end? are ...

What's become clear by this succession of nominees answering the question in this way is that this is not an accident. this is orchestrated. what is critical for viewers to know is this is not the norm. this is not a conservative/liberal thing. conservative justices have been asked this question in the past, particularly justices nominated to the united states supreme court, and they have answered the question. they have chosen not to answer, for example, questions about roe v. wade, but they've always answered questions about brown. chief justice roberts talked extensively about brown at his ...