. >> you say in your book that justice scalia and clarence thomas are the only two textualists? >> they are the only pure textualists. they are the only ones that don't go beyond the text. justice scalia for a time would, in his career, would cite legislative history. but he no longer does so. >> do you know why? >> i think he has just come to the view that it is mischievous. you would know better. you have had him on. but i think that is his view. i had a case some years ago where i actually cited his reference to legislative history. that may have been one of the last cases he cited, where he actually cited legislative history. >> when you are sitting on a case that the second circuit, how much do you think about being reversed by the supreme court? >> i don't really think about being reversed by the supreme court. i think about trying to follow the law where the precedents direct me to go a certain direction. and where they don't, i try to do the best i can. there are times when i can reach and write a decision where -- if i could rule the world, i might have written the law

do you think you stand a chance with john roberts, clarence thomas, antonin scalia, samuel alito andennedy, all of whom basically believe that it's the politicians, the state legislature, who should resolve these issues? >> i have optimism that this will go through. in my own state, you know, we got dismissed from the trial court. the judge said it wasn't in his jurisdiction to, you know, follow through with the case. we appealed. and the court of appeals turned it around and said, no. this is -- you know, the court has every right to follow through. this is in the court's power. the whole theory about having lawsuits and legal actions in, you know, throughout the states, and there are international cases as well, is that we hope it'll be what we call a domino effect. you know, a win here will hopefully influence allxae'g]%9 across the states. because really, it just takes one brave judge to say, yes, >> so how did you feel when the court of appeals said, gave you a second opinion? >> you know, it was the last day of high school for me. and senior year, so huge celebration. and also

. >> the majority opinion written by justice clarence thomas found that even though connick's office to prove a pattern. and yet a study done in 2008 reported that during harry connick sr.'s tenure in one out of every four cases where the death penalty was imposed, evidence was withheld. >> that was crazy. if that is not a pattern, i don't know what is. so who is going to get the last laugh, jim williams? >> in the photo of jim williams with the electric chair of the five faces visible, all of them were released from death row. >> in my mind, we should charge them with attempted murder, this district attorney using false information that he know is false to kill you. it's premeditated. so we're saying he can get away with murder? what makes him so special? the only thing he was hiding behind, a district attorney badge. >> unfortunately, the thomas opinion is the law of the land and it gives me great concern. >> make no bones about it, prosecutors are now a lot less accountable for what they do, because they know that if they don't produce evidence there's virtually no sanction for th

and anita hill had to be called, yes, clarence thomas went on to the court.ere was a revolution among women in this country. and we had the greatest influx of women elected to the house and to the senate ever up until that time. >> so you made noise? >> exactly. >> you made some noise. >> and eleanor holmes norton and tamica mallory have answered your questions online. >>> and what issues define your generation? join us tomorrow night for our one-hour generation to generation a special at 10:00 eastern right here on msnbc. >>> and next, we read between the lines on the battle to save detroit. jim's hair is perfect. so's his serve. but like up to 90% of us, jim falls short in getting important nutrients from food alone. jim, here's $2 off one a day multivitamins to get key nutrients you may need. go to oneaday.com for savings. research suggests cell health plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. with 7 antioxidants to support cell health. one a day men's 50 plus. that w

we both covered senate, clarence thomas hearings and ruckus after that. have things not changed? yes and no. certainly anyone who has been around there, any woman who has been around there, is not shock shocked there are comments either way. bit way, from politicians from both parties, weight is the new race. it's important not to talk about with colleagues. it's simultaneously important to note and senator gillibrand caucus about how this is a generational thing. there is a difference between the 60, 70, 80-year-old politicians and the way they handle gender issues. not so say it's a gender equity paradise in congress. it's not. and the way some of the younger senators, when i say younger senators i mean middle age like me. they are different. they work for goldman sachs, lobbying firms. they are used to dealing with working women. from the conversations i've had with women senators, their male colleagues of a younger age are a little bit more adept at dealing with them. >> this is generational. but there still is a lot of sexism on the hill? >> a tremendous amount. the thing is

for professor mary frances berry could you describe your relationship with clarence thomas when he was on staff on the civil rights commission. and also charges of sexual harassment which came up during his hearings, dec this coming or were you surprised? >> guest: clarence thomas i knew when he was that the department of education and when he was chair of the eeoc. we were never friends but i knew him and i knew him well enough from observations and conversations with other people to understand that he saw himself as on a career trajectory and fast on tv to get there, not saying anything at all like he does on the supreme court bench like he never says anything, or didn't say anything that could possibly be controversial. i did not see coming the anita hill charges, also based on what she said, the evidence that came out at the time i wasn't surprised. >> host: from our face book page, william wouldfor. miss berry is extreme left, sample quote, the legal system supports our capitalist economic system because capitalism requires inequality. the only real question is who will be the rep

>> guest: clarence thomas, i knew when he was at the department of education, and when he was chair of the eeoc. i was never -- we were never friends, but i knew him and i knew him well enough from observation and from conversations with other people, to understand that he saw him as on a career trajectory and that i remember we would sometimes be on tv together talking about issues, and he would make a point of either not saying anything at all, like the does on the supreme court bench, where he almost never says anything, or didn't say anything that could possibly be controversial. i did not see coming the anita hill charges against him, although based on what she said, and the evidence that came out at that time, i wasn't surprised. >> host: from our facebook page, this is william woodford: ms. berry is extreme left. sample quote, the legal system supports our capitalist economic system because capitalism requires inequality, the only real question is who will be the repositories of the inequality. is that a quote from you? >> guest: i don't no whether it is or not but it's true. if

>> guest: clarence thomas fangio when he was at the department of education and when he was chair of the eeoc. we were never friends, but i knew him and i knew him well enough from observations and conversations with other people to understand he saw himself on a career trajectory and i remember he was sometimes beyond tv together talking about issues and he would make a point to a point of either not seen anything at all, like he does on the supreme court bench where he almost never says anything or didn't say anything that could possibly be controversial. i did not see coming the nea charges against him, also based on what she said and the evidence they cannot at that time, i was a surprise. from our face the age, this is william woodford. ms. berry is extreme left. sample quote. the legal system supports our capitalist economic system because capitalism requires inequality. the only real question was who will be the repositories that he and equality. is that a quote from you? >> guest: i don't know whether it is or not, but it's true. if you take economics 101 as a course in colle

you understand your book say that justice scalia and clarence thomas are the only two who are textualists? >> they are the only ones who do the text.ond i mean, justice scalia, for a career sitein his , but he no history longer does so, and -- you know why? >> i think yes just come to an issue. you would know better. but i think that is his view. case some years ago where i actually cited his reference to legislative beenry, and that may have one of the last cases that he cited, where he cited legislative history. you are saying about this case of the second circuit, how beingo you think about reversed by the supreme court? >> i do not really think about being reversed by the supreme court. i think about trying to follow the law where the president -- aecedents directly to go in direction, and there are times when i will reach a where, if i could rule the world, i might have written the law differently, but it is my job to follow that president, so i believe that we would have a lawless judicial system if we were not attentive to what the supreme court directed us to do, but where questio