there certainly was back during the clarence thomas nomination.nd what differences do you see between the clarence thomas week of discussion about that and this week's? >> every case is different. i think the point is that never again is the supreme court going to be made up exclusively of white males. that's just not going to happen. any president is going to be looking for diversity on the court. any president is going to be considering women, african-americans, hispanics on the court, and maybe others as well. that doesn't mean a reduction in quality. it simply means that all other things considered, namely the ability of the judge and the judicial philosophy of the judge, presidents are going to be on a lookout for a diverse court. >> senator, do you see this truth that you're speaking of, we're done with the white male supreme court, we're obviously going to have african-americans, we're going to have latinos and latinas now, and women, do you see that as a political inevitability and just a political fact or is there also an argument to be m

clarence thomas, supreme court justice, if those circumstances were in place, is it possible that we would be denied his great behind mind? >> you heard right. the congressman is suggesting that barack obama and clarence thomas' mothers might have chosen abortion if the procedure simply had been free. we'll have more on that racist logic plus the relentless problems of navigating the costs and financing of health care reform in just a moment. >>> and never mind the affair, now mark sanford's reputation of being tight-fisted with tax-payer money is in jeopardy. there are reports that sanford has a history of treating himself to first-class travel and accommodations on the public dime. will that will be the straw to break the back of his republican support? >>> also, what have the sonia sotomayor's hearings tot us about her nomination. is it proof that affirmative action works or that it unfairly discriminates against white men? >>> and if you need proof that 60 detectives in the senate guarantees nothing, look no further than the top priority, the employee choice act. why 60 doesn't a

>> do you think clarence thomas was the most qualified person at the time he was chosen by bush? >> clarence thomas is a brilliant jurist. >> you have that opinion. not everybody has that opinion. by the way, she is upholding court precedent. in the ricci case, she upheld court precedent. it was the supreme court that overturned court precedent. it's kind of contradictory to say oh, my god. she would be called an activist judge if she did anything else. bill: the crux of this matter, crowley, is this -- there is a strategy on the part of the left-wing media that colmes denies exists, ok? to say listen, white men have screwed up america. the reason we're in bad shape is because of white guys. we need to throw the white guys out and get anybody else. that's what's going on here. >> exactly right. and you know what maureen dowd's column reflects? it's exactly that. it's called white guilt. it's about 233 years of white domination in america. so now white people like maureen dowd feel you have got to throw them out, you have to give everybody else a chance. bill: colmes, you want the

the clarence thomas hearings were hotter.homas an african-american, yale graduate and appeals court judge was nominated by george h.w. bush. he seemed to be confirmed unless 11th hour. >> pornographic films and-- >> she made her charges and war fath fare. >> from my standpoint as a black american, it's a high-tech lynching for us to be black. >> ultimately thomas was confirmed. talk a little how that forever altered the confirmation process. >> it was a continuation what started with bourke, but 90% of the african-americans vote democr democrat, that i expected every one of them to welcome an african-american to the supreme court, but here again, political considerations won out. >> conservative activist complained that despite the rules of engagement set by democrats during the the bourke and thomas hearings, president clinton nominated ruth bader ginsburg and steven briar, republican senators hardly put up a fight. >> to be fair, briar was a fairly moderate liberal, maybe who shouldn't have been vigorously opposed, but just

>> do you think clarence thomas was the most qualified person at the time he was chosen by bush? >> clarence thomas is a brilliant jurist. >> you have that opinion. not everybody has that opinion. by the way, she is upholding court precedent. in the ricci case, she upheld court precedent. it was the supreme court that overturned court precedent. it's kind of contradictory to say oh, my god. she would be called an activist judge if she did anything else. bill: the crux of this matter, crowley, is this -- there is a strategy on the part of the left-wing media that colmes denies exists, ok? to say listen, white men have screwed up america. the reason we're in bad shape is because of white guys. we need to throw the white guys out and get anybody else. that's what's going on here. >> exactly right. and you know what maureen dowd's column reflects? it's exactly that. it's called white guilt. it's about 233 years of white domination in america. so now white people like maureen dowd feel you have got to throw them out, you have to give everybody else a chance. bill: colmes, you want the

the clarence thomas hearings were hotter.omas an african-american, yale graduate and appeals court judge was nominated by george h.w. bush. he seemed to be confirmed unless 11th hour. >> pornographic films and-- >> she made her charges and war fath fare. >> from my standpoint as a black american, it's a high-tech lynching for us to be black. >> ultimately thomas was confirmed. talk a little how that forever altered the confirmation process. >> it was a continuation what started with bourke, but 90% of the african-americans vote democr democrat, that i expected every one of them to welcome an african-american to the supreme court, but here again, political considerations won out. >> conservative activist complained that despite the rules of engagement set by democrats during the the bourke and thomas hearings, president clinton nominated ruth bader ginsburg and steven briar, republican senators hardly put up a fight. >> to be fair, briar was a fairly moderate liberal, maybe who shouldn't have been vigorously opposed, but justi

clarence thomas >> a lot of americans have a problem with clarence thomas. that's not a news flash the trying to paint him as a crazy radibal -- sean: it's ok for soirmsoirm, white latina. it's ok for him. i don't understand the double standards. >> on college campuses, this is seen as moderate behavior. the farther left you are the more accepted you are. the problem is barack obama has demonstrated that he understands the power of healing race better than anybody else in this country but what's going to happen -- sean: he understands it? with reverend wright? >> well, notice he always steps away from these things he likes to call distractions. >> but you never give any credence to what this generation of black men experienced. you talk about wright and gates, they've had an experience that when they see something, so when he sees this white cop he has a different experience than other people do. >> i don't buy that. i was on an airplane today. the guy signature next to me, i don't know, but he's talking to his mother, 85 years old, how much he loved her and

glenn: clarence thomas. clarence thomas. that's what the contract with america was. that's what it was about? really? hmm. i completely missed that. now, he's got friends that say things like that. there is his friend, barack obama's good friend that says things like that, and he has really extra special friends, also. >> for the first time in my adult life, i am proud of my country, because it feels like hope is finally making a comeback. glenn: we have demonstrated president obama's desire for racial justice, but how is he setting out to achieve it? exactly the way a community organizer would, through intimidation, vilification, bullying, a system, an underground shell game. look how he has handled different things. gates, he calls the cop stupid and racist before he knows all thing facts but he jumps to the conclusion that the cops are racist. healthcare, oh, those evil greedy doctors that are ripping tonsils out at will, and it's also no longer about access, universal access. it's about preferential access. his green policies, it's easy to say he wants to bankrup

host: clarence thomas?uest: a think that answer to her first question concerning alito been in an organization that did not let people in, justice sotomayor just one month ago resigned from an organization that would only take women. i think that answer the question better than anything else. on the last point, he no, i was on the judiciary committee when clarence thomas was appointed and i was hoping that an african-american being nominated by a republican president would show that we wanted to help people who came from the bottom up, had a very good ivy league education, was a good lawyer, a good judge with experience, and that he would be welcomed as a minority on the car. i thought it would be a a no- brainer for every republican and democrat, but you see how much opposition among democrats he ran into. so, it is the same thing with her background. she has got an outstanding background as a judge and academic background, and prosecutor, and come up from humble beginnings just like clarence thomas did, b

wonder how he settled on those two, clarence thomas and barack obama. what do they have in common? congressman tiahart was first elected as part of the republican revolution in 1994 and is now running for the united states senate in kansas. joining us now is jeff sharlet who broke about congressman tiahart's affiliation with c street in his book "the family, the secret fundamentalism at the heart of american power." thanks very much for joining us. really appreciate. >> hi, rachel. thanks for having me back. >> while you were under cover in the family doing the reporting for "harper's" and your book you attended a meeting between congressman tiahart and doug co, the long-time leader of the family. what happened at that meeting and what impression did you get of mr. tiahart's position in the family. >> it was a spiritual counseling session the sort ensign was tiahart had sex on the brain only of a different sort. he said he was very concerned with the numbers of babies muslims are having. he said americans are killing too many of their babies while muslims are having too many and we

bush nominated clarence thomas his supreme court nominee. and he was over in kennebunkport at his summer home, making the announcement. and he used the e-word. listen to this. >> i have followed this man's career for some time, and he has excelled in everything he has attempted. he is a delightful and warm and intelligent person who has great empathy and a wonderful sense of humor. he is also a fiercely independent thinker with an excellent legal mind who believes passionately in equal opportunity for all americans. >> all right, alex, great empathy. empathy. that is a big word, we have heard a lot about, but the first president bush used that word in making the case for clarence thomas. >> he is an empathetic guy, the former president. i think the point the president was making, all these attributes, intelligence, experience, empathy, ability to understand, all those are greats but are they ultimately the precursor to the final step which is rule of law? are you going to make that the final determine nant? >> which is what judge sotto mayor

clarence thomas, 52-48. and then john roberts, 782-22. 58-22 for judge justice alito. that is all in "the wall street journal" this morning. wisconsin, independent. caller: i'm interested with all the partisan bickering we have going on this morning and we have not even heard the hearings get. she has not even been asked a question yet. it seems really over the top. i have a question about your guest on friday. she made a racomment about tryig to release terrorists into the streets of america. i think somebody has got to challenge that when that stuff comes out on your airwaves. that is crazy. i hope the judge gets a fair hearing and answers a questions and then i will make up my mind. host: at c-span.org, we have a whole area devoted to judge sonia sotomayor's confirmation hearings. there is a list of majority and minority witnesses. they include michael bloomberg and when the chavis -- linda chavez. long island, joe, independent. gcaller: i would like to apologize for the earlier caller. can a nation preserve its sovereignty? then she know the difference between lega

for example, during the court, justice clarence thomas vot to overturnederal laws more than step and breyer combid. second, i'm concerned americans are facg new barriers to their individual rhts. the supreme court i the last court in land where a dividual is pmised a level playing field and caseek to right or wrong. it is theas place an employee can gof he or she is discminated against because of age, gender or color. the last place a small business owner can go. it is e last place an investor can go to try t recover losses from security frd. it is the last place a perso can go to ptect the free flow of imation on the internet. it is the last place a citizen can go to otect his or her te. it is th lastlace where a woman can go to potect her reproductive health and ghts. yet, from what i see on eachf those frnts, for each of thos rights, the pst decade has made a little bit harder for arican citizens to defend themsves. as i said fore, judge, i'm re to learn from you. want to learn when you tnk is the properelatiohip between congre and the courts, beeen congress and the executive. i w

justice clarence thomas voted to overturn federal laws more than justice stephens and justice breyer combined. second, i am concerned that americans are facing new barriers to defending their individual rights. the supreme court is the last court in the land where an individual is promised a level playing field and can seek to right a wrong. it is a last place an employee can go if he or she is discriminated against because of age or gender or color. it is a last place a small business owner can ensure free and fair competition in the market. it is the last place an investor can go to try to recover losses from security fraud. it is last place a person can go to protect the free flow of information on the internet. it is the last place a citizen can go to protect his or her vote. it is the last place where a woman can go to protect her reproductive health and rights. yet, from what i see on each of those fronts, for each of those rights, the past desaid has made a little bit harder for american citizens to defend themselves. as i said before, judge, i'm here to learn from you. i want

accused clarence thomas of sexual harassments during his '91 supreme court confirmation hearings.e was closely, of course, confirmed for the post. was a year, by the way, behind sonia sotomayor at yale university law school. what did you make of the first day of the hearings? >> i think it was what we expected. people were sort of lining up, sort of laying out their positions. it was a -- it was pretty predictable. but i don't think that took away at all from the fact that this is a historic day and historic event that we're witnessing. >> larry: let's take a look at a brief excerpt from the opening statement by the judge before the judiciary committee. >> in the past month, many senators have asked me about my judicial philosophy. simple. fidelity to the law. the task of a judge is not to make law, it is to apply the law. >> larry: you were a year behind her at yale law school. did you know her there? >> you know, i knew who she was. i saw her in the school. it's a fairly small law school. and i knew that she was a woman from the bronx, and she really was someone who was quite po

. >> so after clarence thomas was crucified in the media, you don't get anything out of these nominees anymore? >> i think every nominee now keep it bland, don't answer questions, say this is something i might have to rule on so i can't go there. other thing these contradicted herself the circuit court is where you make policy. she was confronted with that, so she is directly contradicting herself. i think the press did an okay job doing it and tv stations kept a lot of hearings on. it was something to show all that michael jackson stuff. >> i was going to say media coverage, it would have been people for american way they smeared michael ritchie. so who did you discuss this with whether itself white house was involved in trashing her opponents. >> it does seem the public show of praise, dianne feinstein, i think you're going to be a great supreme court justice, how does she know when she hasn't said anything in the hearings? >> to be fair, alito and roberts, we didn't get a sense of how they are going to rule. but this is a political process and people want to know where she stands on

. >> after clarence thomas was presented in the media, is that why you don't really get anything out of the supreme court nominees anymore if you. >> i think one reason is every non--- none of the conservative mindset upkeep of bland, don't answer questions, say this is something i might have to rule on so i can't go there. you think she contradicted herself on was the club where she said the circuit court is where you make policy, and sheet was confronted with that and she said no, so she is directly p contradicting herself. and i do think the press did an okay job covering this, and the tv stations have a lot of these hearings on, and i think it was a tennis for charlotte michael jackson stuff. we get serious now. >> i was going to say in terms of media coverage, it would have been nice if people for the american what smeared frankit ritchie would be nice for ao w reporter to ask people for the american way what contacted him at the white house juju would you discuss this with an advance if anybody. it would be useful to know i if white house was involved in trashing her opponents

we have to reach back to clarence thomas, to somebody who really experienced a near poverty in her youthcourt, but in terms of building a coalition, i think it will be too early to see, because as you know, andrea, these justices work over the long haul. they lay some seeds, that don't actually start to grow and really bloom until later in their tenure. >> justice thomas is notoriously quiet, silent on the bench. she has a reputation for being a really tough judge for really firing questions at lawyers before the court. do you think she will be that outspoken? >> i think she will. >> or take more time to develop confidence? >> that's an interesting question. because she'll probably be slightly self-conscious about speaking up, but i don't think she's going to be intimidated. you know, i kid that she's from the bronx, justice ginsburg is from brooklyn, alito is from new jersey. we have a lot of people who have that new york, new jersey thing going and who are outspoken. and it's still dubbed the second circuit, where judge sotomayor is now. and the supreme court is very much of a hot benc

can't be as contentious a robert bork or clarence thomas. what is she expecting tomorrow? >>reporter: perhaps not that contentious. you do bring up a good point. republicans have to strike a happy medium between asking the tough questions they want to ask on issues like race. case overturned by the s supreme court brought by a group of firefighters. they acknowledge they don't want to alienate spanish voters and fine line to walk. this is jennifer live from dc thanks for the update tonight. >> also on cap house. -- hill. they want the house to fund universal health care. one idea calls for surtax on individuals earning 280,000 dollars a year and couple more than 350,000. the higher tax is opposed and the senator is voicing some reservations. >> there is a fiscal challenge to pay for the expansion of health care to 47 medical people. before we start is the key word in taxes i want to start with the q.word in improving quality. >>reporter: the senator is endorsing another initiative aimed at reducing infections of patients and promoting safer practices for doctors and nurses

clarence thomas faced a barrage of questions, even allegations of sexual harassment during his 1991 hearings. leading to this famous outburst. >> this is a circus. it's a national disgrace. and from my standpoint, as a black american as far as i'm concerned it is a high-tech lynching. >> reporter: in 2006 during alito's hearings his wife left the room in tears after democrats grilled her husband on his past membership in a controversial group. >> i have wracked my memory about the issue and have no specific recollection of that organization. >> reporter: judge sotomayor is sure to face her own set of tough questions. the list of witnesses include two white firefighters who claim they are discriminated when the city of new haven threw out the test results fearing they were discriminatory to minorities. she sided with the city only to have that overturned by the vote of the supreme court of the united states. >> in terms of things that will cause the public to maybe take a second look, republicans are hoping that the white firefighters' case does the trick. >> reporter: unless her hearing reve

she has some history with respect to clarence thomas.ell us about those. >> as you know, there was a point where we got through some of these documents and found a 1987 document that dealt with the legal defense and education fund, where they had specifically taken a position against robert bork. they said, we have joined a number of efforts and coalitions. we feel like he is a threat to the issue of civil rights of latinos. we have made a concerted effort to oppose his nomination. we all know how that ended. of course, there is a history there. she served on the board. it was not just a casual passing connection to that organization, megyn. megyn: clarence thomas is the justice overseeing her circuit. apparently, he made some remarks to the judges in her circuit. there was a question about how she reacted when he came to make those remarks. what do we know about it? >> there was some debate about whether she joined in a standing ovation or applauded for him. she said he is the justice that oversees my area. i cannot remember her exact w

there's no african-american male, except clarence thomas on that court and he's a conservative.will he go that way? >> i think he easily could. i think the beauty of this for president obama right now is he can do anything he wants right now with his next seat. he's punched the hispanic ticket and he pretty much has the freedom to go anywhere he wants. i think it's totally likely that he will go with a woman or with an african-american. i'd be kinds of surprised to see if he ends up with a white male, but he can do that, too. chris: not a completely easy shot. the conservatives are still angry about bourque, 30 years ago. >> his second pick will be much, much tougher, assume egg has a second pick. they've taken their shots at this nominee. but they knew from the start she was going to get through. the next time around, depending on how the economy goes, depending on the obama presidency, could be much tougher and they could get a turndown. >> and the conservatives have been pretty frank about saying that their opposition to her is pro forma. this is practice, this is membership-

are generally boring unless you have a republican nominee sitting there like robert bourque or clarence thomas then the democrats hit with everything they have. i think the republicans behaved splendidly here. there was rigorous questioning. we essentially have a tale of two sonias. we have the sonia sotomayor who ruled on the new haven firefighters where it looks pretty clear that, in fact, she did use ethnicity and race as a basis to judge against the firefighters. and then the sonia sotomayor that we saw this week in the senate judiciary committee where she is basically alexander hamilton in drag. she loves the federalist paper, loves the constitution, fidelity to the law. so my question is, which will we see on the bench? >> mort? >> look, i think the way the sort of nominating process works, and it happened with john roberts, too, he gave the most innocent answers to any conceivable question. you know when he said he's just an umpire, you know, following the rules of baseball, you know, this is the way it works. we have a system now where every, single word can get blown out of proportion

current justice clarence thomas nationed a barrage of questions and even allegations of sexual harassments during his 1991 hearings leading to this famous outburst. >> this is a circus, a national disgrace. and from my standpoint, as a black american, as far as i'm concerned, it is a high-tech lynching. >> reporter: in 2006, during justice samuel alito's hearings his wife left the room in tears after democrats grilled her husband on his past membership in a controversial group. >> i have racked my memory about this issue and i really have no specific recollection of that organization. >> reporter: judge sotomayor is sure to face her own set of tough questions. the list of witnesses called, two white connecticut firefighters claim they were discriminated against when the city of new haven threw out the test results being used to grant promotions, during exams, were discriminatory to minorities. sotomayor was part of a panel that sided with the city only to have that decision overturned in a recent 5-4 vote by the supreme court of the united states. >> in terms of things that will cause the

that's not a view shared by the court's conservatives, includes justice clarence thomas, who believes affirmative action taint as person's achievements. in the hearings, republicans will ask how sotomayor's experiences will shape her opinions. >> all americans should be concerned when a judge decides cases based on their own personal views. >> reporter: republican senators also will press her to explain what she meant when she insisted in speeches "a wise latina woman would more often than not reach a better conclusion than a white male." but her come peopling life story, from the projects to princeton, and the lack of a so-called smoking gun, have softened republican opposition. with a decisive majority in the senate, democrat judiciary committee chair leahy is confident. >> she will be confirmed. >> reporter: the hearings kick off tomorrow with opening statements. the intense questions, when the senators press her to explain these issues, will begin in earnest on tuesday. dan? >> we heard senator leahy say she will be confirmed. is that the conventional wisdom, that she has a lock o

as a clerk in the appellate courts, including serving -- working for justice clarence thomas in the supremecourt on the executive side on the department of justice and on capitol hill in the senate working for senator john cornyn and deeply involved in continuity issues in both the congress and in the presidency and finally, my dear colleague, norman ornstein who was present at the creation of the contemporary efforts to deal responsibly with the continuity issue. martin, why don't you kick us off. >> well, thank you. and i had the interesting task of being cochair of a special task force that the congressional leadership set up on this subject after 9/11. and y'all, of course, both participated in that. and i have some observations from having been through that experience. first of all, the first thing that this commission or anyone has to do is to convince the congressional leadership, bipartisan, bicameral that this is something worth spending their time on and the frustration we had is that the leadership of neither party of neither house felt that this was an important issue and so we

he was involved in the confirmation of clarence thomas. this is a very distinguished group of people we have to talk to. they have to do with crime. what do you think the justice system does right? >> we have a strong right to trial. if you have a good selected jury, it is a strong assurance to the defendant that it can be heard in an appropriate matter. there have been a lot of cases where there is an african- american on trial and the court has dealt well with that and tried to prevent it from happening. criminal defendants who were convicted in our country have an opportunity to appeal if convicted through the state court system and have a right for a review. pretty impressive, reviewing a comparatively. >> i know in addition to dealing with people who are incarcerated, you have reserved a lot of your activism for people who are the victims of crimes. especially women who have been within the mystery. >> a voice an advocate for the victim, and to reevaluate their lives in light of whether they are victims of violent families or children

clarence thomas, the uncle tom, if you will, so she will continue to be beat up, because she is very articulate, and she is a very likable conservative women who believes what conservatives believe. greta: did she get hit more than secretary hilary clinton, or did they both get clobbered? >> when she was first lady, hillary clinton got clobbered with hillary care. she did not get clobbered during the campaign. she got clobbered for putting up with a bill. look. she was there, and she got clobbered because they did not think she could win, and she would have been the drag on the ticket. it had nothing to do with her being a woman. greta: i also think that the women were harder on sarah palin than the men. >> i am not so sure that i would agree with that. i would think that men and women were both very hard on again, she was so affected. she lived in her own life -- where i was very hard on her. she was very effected -- i would think that men and women were both very hard on her. again, she was very affective. greta: personally gratuitous. >> they were certainly personally gratuitous.

he played the lateaul simon questioning clarence thomas in those hearings.es in this hart senateffice building. >> thank you. i think a lot of peop can't wait to see now satorl franken at work today. sort ofisebut as well. we'll beight back after this break. its ite a day. if you care about the american constituon, abt our country and what we believe in and a great debate between republicans and democrats, liberals and conservatives, this is youday to learn more. we'll be rig back. ♪ (announcer) transform your waer memen o drink crystal lit drink 20% more waterer. crystal light. make a delicis change. my daughter was withe. i okok aayer aspirin out ofy y purse and chewed it. my doctor said the bayer aspirin vevemy life. please talk to y your doctor about aspiririn and your heart. i'm going to be andma for a long time. free credit report d d c com tell your frieiend t tl your dad, telell ur m! ver mi, they've been sisingg g r songs since we first showewed upitit our pirate hats on! if y'rnot into fake swd d fits pointy slippers and grn wool tights keke tip fr

justice clarence thomas voted to overturn federal laws more than justice stevens and more than justice breyer combined. i am concerned that americans are facing new barriers to defending their individual rights. the supreme court is a last court in the land where an individual is promised a level playing field and can seek to right a wrong. it is the last place an employee can go if he or she is discriminated against because of age or gender or color. it is the last place a small business owner can ensure fair competition in the market. it is a last place an investor can go to try to recover losses because of security fraud. is the last place a person can go to protect the free flow of information on the internet. it is a last place a citizen can go to protect his or her vote. it is the last place where a woman can go to protect her reproductive health and rights. what i see on each of those fronts, or each of those rights, the past decade has made it a little bit harder for american citizens to defend themselves. as i said before, i am here to learn from you. i want to learn when you

the role of senator way back when on "saturday night live," he played paul simon, questioning clarence thomas and so this will be different here today. i should also point out, senator arlen specter, if he had been a republican, he would have been the ranking republican. he would have been sitting where jeff sessions was. but now, he's at the end of this table. he's a junior senator. even more junior than biden's replacement. he came in early. he's been having his cup of coffee and preparing for his questions of judge sonia sotomayor. and what we've seen this morning is a lot of the hot button issues. abortion, gun rights. less on some of the rhetoric, but more on how she would rule on these issues. she's been pretty dexterous if you will, avoiding the issue of abortion rights. it was noted earlier this morning, there are about 14 members of the new haven firefighters here. we will hear from frank ricci in that case. he will probably testify tomorrow as well as lieutenant vargas, a firefighters who believes their case is important. now we see judge sotomayor returning from the lunch break. >>

it was also a fairly centrist republican who appointed clarence thomas to the supreme court.rt: to open up to groups you are so far not represented on the supreme court. >> -- groups who are not so far represented. >> seeing someone on the court that looks like they do, they will feel more comfortable when that court as a whole is ruling, because they will believe that all arguments are being represented, but that presumes that only a woman can make an argument on behalf of a woman, where that only a let teaneck can make a ruling on behalf of hispanics, and that is an on valid presumption -- where that only a latina -- or that only a latina can make a ruling on behalf of hispanics. a justice appears to be fair because it looks like all of society is representative on the court, people will proceed with more moral authority, the legitimacy of the court's decision. stuart: the judge is a shoe and? >> yes, for big government. that is not good. stuart: judge andrew napolitano, thank you -- the judge is a sure win -- a shoe-in? and she is stepping down, but sarah palin says she is

clarence thomas does not represent the interests of black people period. he does not represent the interests of those people. we as blacks, we need a representative on the supreme court to speak out. i have no problem with judge sonia sotomayor of being nominated, but we also feel like the next nomination should be a black person, but a man that represents the interests of the black community. she is speaking up for that. that is what she is supposed to do. she is supposed to do that. just like the 110th for hers spoke up and kept all of these things in place in the united states. the final thing i would like to say-- he was not on the judiciary committee because of his race. you could see it coming out in his questioning and what he was leading up to. i would like to hang up and get you to respond to why he was denied in his past and alabama and all of the ones who oppose her are southern, white, caucasian males. >> guest: thank you james for your question. let me answer the first part of your question, which really talks about the importance of diversity

. >> all i remember is clarence thomas'. >> which was ugly from the word go. >> today, i would have rather watched two hours of the weather channel. >> i notice something on your cup. >> greg: i got to go. the bowling segment rocks out with this blockout on the long and strong story tip. what is the family most stacked when it comes to their rack? i feel sorry for their backs. imodium multi-symptom relief combines two powerful medicines for fast relief of your diarrhea symptoms, so you can get back out there. imodium. get back out there. from post party sickness syndrome? there's a revolutionary cure. it's called cascade all-in-one actionpacs. and it's like adding the ultimate button to your dishwasher. because it has the power to pre-wash... dissolve... and rinse the whole mess away. so in the morning your dishes will feel like new again. and so will you. cascade complete all-in-one actionpacs. for money-saving offers, visit theultimatebutton.com. >> greg: babies it turns out are more than just poop making machines and giggle factories. they have the power to make people honest. it is tru

you know, with other justices, even clarence thomas having come from georgia there was a feeling of his background and color, his decision-making and we'd have somebody thattened people that does not seem to have worked out. the same is true for alito. but it is very hard to compare these hearings. they are decades apart and the public doesn't have this in a their minds so the republicans have found a chink in her armor. thing she said. off handedly she called them rhetorical flourishes. when you go back to decisions, hundreds of decisions over 17 years and for example senator schumer picked out decisions yesterday where the plaintiffs were very sympathetic. people had been discriminated against, elderly people, people who had been in plane crash and she had sympathy for the plaintiffs but the law was the law and she had to rule against them. as she keeps saying my opinions are the best measure of my judicial thinking and the high irony of all of this is while the republicans maybe work worried they are getting someone too sympathetic to certain groups i think the progressives feel this

about the consequence of being an italian-american, and when your favorite justice, the towering clarence thomasalked about his background as an african-american, he said that that would impact him. what's new here? sean: can i tell you what the difference is? she's saying race and gender, she's talking about superiority, bob. alito talking about the impact of his background is far different than saying one is superior to another. >> where did she say superior? sean: she said a wise latina would make a better decision than a white male. >> in many cases there's truth there. sean: and if a white man said that about a wise latina -- >> he'd probably be arrested. >> actually as a wise woman from spanish descent, i don't think that this does women much of an advantage. i watched the hearing today, and i watched one of the senators, lehey, i believe, he said no one is going to do this woman any harm, and it's almost like she needed special protection, and frankly i can do just as much as the guys can. i don't need any special help -- sean: you can do twice as much as beckel. >> i don't think it helps

sean: i like her background, i like clarence thomas' too. >> are you impressed with her record relatedrnment versus immigration cases? she sided with the government. sean: i have a problem based the empathy factor, based on her repeated stump is speech and this other issue, but i'm late. good to see you. an inside look at the growing transformation on the republican party. . sean: now, many have said the republican party is in the midst of a transformation. did they lose their way since the obama victory in 2008? maybe a little bit before? and how does senator mitch mcconnell fit into all of this? there is an autobiography --ç a biography of him. the author joins us. do you agree with me and a lot of conservatives that republicans, in fact, did lose their way, especially in 2004, 2005, 2006, especially on issues of spending and so on? do you agree with that? >> i think that senator mcconnell among others is determined to put republicans back on thersu i think it has been a lesson learned. sean: i would agree. if you listen to the mainstream media, as they will still be that republican

sean: i like her background, i like clarence thomas' too. >> are you impressed with her record relatedgovernment versus immigration cases? she sided with the government. sean: i have a problem based the empathy factor, based on her repeated stump is speech and this other issue, but i'm late. good to see you. an inside look at the growing transformation on the republican party. . the dodge chrysler and jeep summer clearance is here, and it's the best time to get some of the best deals. get in now and get the chrysler town & country with a generous cash allowance, or 0% financing for 60 months. the trail rated jeep grand cherokee also comes with a cash allowance or 0% financing for 60 months. or choose a hard working all new dodge ram truck with a cash allowance that's tough to beat. all with our best in the business lifetime powertrain warranty. so hurry come see the deals we've built for you at the dodge chrysler and jeep summer clearance. are more than words here. it's personal. i have diabetes. rodney's kid too. so we're so proud to manufacture... the accu-chek® aviva meters and test

>> people say 78 because that's the vote that john roberts got contrast that with clarence thomas who got 52. the democrats are hoping that she'll do well and she certainly will. i guess the only drama left now is how many votes will she get and will she be confirmed by early august in time to take her seat on the supreme court in early september when they hear a case then. >> what were protesters upset about? >> abortion. abortion rights. anti-abortion rights including the original roe of roe v. wade. >> pete will have more on the first day of confirmation hearings coming up tonight on "nbc nightly news with brian williams" airing here at 7:00. >>> president obama has tapped dr. regina benjamin to be the country's next surgeon general. the president announced his decision at the white house this morning. benjamin is a family physician. she founded her own clinic two decades ago and fought to rebuild it each time after it was devastated by two hurricanes and a fire. benjamin has received numerous awards throughout her career. her nomination now goes to the senate for confirmation. >>>