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Substantive legal issues, really, right on the line of how you would decide a case. but if we are precluded from asking how decisions would be -- what decision would be made on grounds of judicial independence and the precedent on that, i do think it is fair for us to ask whether the supreme court would take the case. congress has the authority to direct the supreme court on cases which must be heard black burning case, feingold, many, many others, so that the court's discretion is limited there, at their congressional direction. i think it is fair from that proposition to ask nominees whether...

Republicans laying out how they're going to go forward with this questioning on a number of different fronts. >> i think they're likely to try to take that basic fact, take the fact of her resume and make the argument that she's an elitist, out of touch, that she doesn't know sort of how the common man might feel, being on the receiving end of this thing. in effect the opposite effect the obama made with soto myior, that she was deeply in touch with the average voter, the average american. i don't expect democrats will be focusing on that because it's a harder case to make with her background ...

Supreme court than any others. his most famous case, brown versus the board of evidence case. if that is an activist mind at work we should be grateful as a nation. he argued based on the discrimination in this society and changed america for the better. i know my good friend judge abner mick. his political views are well known. but my colleagues will finds universal aclaim for his record as a thoughtful fair jufnlgt thr judge. there will be questions raised as well about modesty and humility in your role if you were chosen to serve on the supreme court. i think a study of judicial

Do that, i said she has the burden of proving that through some other means. bret: what is your biggest concern? >> that she wouldn't be able to set aside those political views. this is a hard thing to do. we have been involved in politics for a long time as has she, asking to us judge a hot-button case with political ramifications totally absent any conversation our political ideology, it would be impossible for to us do that. i think it will be hard for her to do that. i think it's an honest question to ask. do you really believe or what can you tell us that would cause us to believe that yo...

When senator biden was considering the nomination of chief justice roberts, he said that he was qualified but would vote against him because as then senator obama said, quote, overarching political philosophy, close quote. well, the presidents make their selections based on ideology. i think that's a blunt fact of life. and the difference that i had considered in earlier -- by earlier days in the senate, i thought i'd come to the conclusion that senators have the same standing to make a determination on ideology. yet, it's become accepted that there should not be a transgression into the area ...