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President's warrant was wire -- wireless wire tap program justified under article i: the detroit federal judge said it was unconstitutional, the sixth circuit got it with a standing decision 2-1 with the dissenting opinion much stronger, application for cert, denied, and this is something i discussed with you in our mailing, which i sent you, a series of letters on issues which i intend to ask you about, and that was one of them. i was concerned about your decisions as solicitor general on the case involving the holocaust victims, suing an italian insurance company, and the second circuit bows...

Elena kagan has been described as a liberal progressive by the president's chief of staff. i don't care so much about that. that's the kind of person president obama is going to nominate. the question is can she lay that political ideology aside? i think some judges with some political background are able to do that to some extent. even though i voted against judge sotomayor, there weren't too many decision where they are political ideology shown through. in the case of elena kagan we don't have those cases for judging. i think she has the burden of demonstrating to us that strongly expressed ...

But at least the supreme court ought to ask you how you would -- not how you would decide the case but would you consider it. the case of 9/11 has not been heard, the petition for cert from the second circuit, the second circuit said well, the sovereign immunity case doesn't apply because saudi arabia hasn't been declared a terror statement that's really got nothing to do with the act, congressional intent, torts are not covered by sovereign immunity. you disagreed with the second circuit that said the acts occurred outside of the country. it's a distinction that i don't understand, if the con...

Hearing room. we watched the opening statement down the row. as a republican you are building the case against elena kagan. how far will you go in that and what are your biggest questions about elena kagan and who she is or who she might be as a justice on the supreme court? >> my opening statement wasn't so much to build a case as it was to lay youth the questioning i intended to pursue. is told her about those same questions when i met with her privately. they are joined by scene overarching theme whether she can lay aside an admitted liberal philosophy when she approaches cases balancing th...

There's an interesting case captioned, minnesota versus white, a justice scalia opinion, in 2002, which struck down a requirement of the minnesota bar association which prohibited judges from saying how they would decide cases. the supreme court said that was an infringement on first amendment rights of freedom of speech, now, that doesn't say that a judge should answer the question, but it does say that a bar association rule prohibiting answering the question is invalid. which leaves the judge, at least so far as that standard is concerned, with a latitude to answer the question. so that eve...