but that's why i want to ask david kaplan again. you seem to say if he got on to the supreme court like clarence thomas he may be -- this may not have any effect on his judicial thinking and processes, but talk a little bit about how this justice is very different than gorsuch, for instance. gorsuch took over from like-minded scalia. but kavanaugh would take over from what's been considered a swing voigt ate and that's anth kennedy. isn't it consequential who sits on the court and whether his temperament and non-partisanship can be vouched for, david kaplan? >> i don't think anybody has any doubt that brett kavanaugh is a conservative. he's been a part of the conservative political movement for several decades. he worked in the bush white house. he often was in effect a hatchet man within the party. don't mistake him for someone who's lived in the ivory tower his whole life and assuming he takes justice kennedy's seat, the court is going to shift right. those predictions are correct. are chief justice roberts, a conservative as well

host: david kaplan.: i understand the comment. it is just ironic to you that because i would imagine that the caller to and i have years ago, when the elected president barack obama nominated merrick garland, was completely fine with republicans blocking that nomination. there's a lot of hypocrisy on both sides. in the book, i argue that the liberals and conservatives on the court are both guilty of it. they all preach judicial restraint most of the time, but they usually mean that when they don't like what the court is being activist. when the court is being activist all too often, they don't hear anything about restraint. there is very little principle on the court, and it used to be more. there certainly was politics, and there were many bad decisions in the history of the court like dred scott, most infamously, right before the civil war, but i think the court's aggressiveness in the last 50 years is unmistakable. host: you bring up merrick garland. garland is waiting in ohio, a democrat. caller: yes

david kaplan up with a new book this week on the supreme court. you were listening to senator feinstein concerns about these confirmation hearings. can you talk about what you heard? >> guest: i actually didn't use the butter for the democrats for most of the summer, and they are really bad at politics. you can agree or disagree with whether brett kavanaugh should be on the court but they just don't play the political game as well as the republicans i think. they've tried any number of -- [applause] >> our mission is to lead intelligence integration and forge and intelligence community that delivers the most insightful intelligence possible. this is the mission statement of the office of the director of national intelligence. integrating the incredible capabilities of the 17 elements of the u.s. intelligence

joining me now to discuss is david kaplan, the author of "the most dangerous branch: inside the supreme court's assault on the constitution." thank you for joining us, mr. kaplan. i appreciate it. if kavanaugh does -- >> good to be here. >> if he does get confirmed, how will he be received by his new colleagues on the supreme court after what we saw today? >> the justices tend to have a short memory when it comes to the travails of nominees at confirmation hearings. we saw that with clarence thomas. almost 30 years ago, he really went through the mill and yet when he got to the court he established close relationships, cordial relationships with almost all the justices. and because of his personal skills at the court, he is beloved at the institution by staff, and i talked to a majority of the justices for my book. on a background basis. i can't tell you who i talked to. but they all like him. they don't agree with his politics. but i think -- and kavanaugh, being on the federal appeals court in washington, knows most of them socially and beyond. i don't think he'll have any trouble fit

with us to do just that, cnn presidential historian tim naftali, and david kaplan who interviewed justicerks for his book, "the most dangerous branch." tim, if christine ford testifies on thursday and perhaps damages kavanaugh's credibility or at the very least just appears credible herself, is there a backup plan behind the scenes, is the white house calling other potential nominees, should they be? >> ana, that's a very important question. on thursday, as it appears likely now it will be thursday, there won't be a trial. it won't be a trial. there's not going to be somebody found guilty or innocent, unless the judge, judge kavanaugh, should declare himself guilty. so since there won't be a verdict, it's going to be up to the american people. and the court of public opinion is the most important court. and the american people and their representatives are going to decide whether professor christine blasey ford is credible. if she's credible in the minds of most americans and most importantly, in the minds of the people, many people in nebraska and in arizona, then that puts enormous pres

and to legal affairs analyst david kaplan whose new book warms the supreme court has become too power. >>> plus, the oscar-winning actor anthony hopkins, from

host: david kaplan's book out today, "the most dangerous branch. inside supreme court's assault on the constitution." bus until we take you to -- with us until we take you to hearing room, 216 hart on little chill. that's where today's events will be taking place. invite you to join the conversation until then democrats can call in at 202-748-8,000. republicans, 202-748-8001. independents, 20 -748-8002 as we show you some of the scenes from outside that hearing room in the hart senate office buildings. david kaplan, as folks are calling in, why is the court stepping in more in this day and age? guest: i think the short answer is because it can can. it chooses to. i spoke to jeter of the justices on background for this book. whall' hear from a lot of them is the other branches largely don't work, especially congress, and who but us to step in? that's an arrogant view. it's understandable, but as justice brandeis said a century ago, sometimes the most important thing the court does is not doing. we saw that -- probably the worst case in my view is bu

david kaplan talks about his new book on the supreme court. , live at 7:00ch eastern on tuesday morning. join the discussion. at 9:30 a.m. eastern, watch live coverage of the thete judiciary hearing on nomination of brett kavanaugh to the supreme court. they one includes opening , then introductions of judge kavanaugh from former secretary of state condoleezza rice. following the introductions, judge kavanaugh makes his opening statement. watch day one of the senate confirmation hearing for brett live tuesday at 9:30 a.m. eastern on c-span, c-span.org, or listen on the free c-span radio app. now, the aspen institute host of panel discussion on improving economic activities for americans. speakers include purdue university president mitch ceo, andthe blackrock university of maryland economics professor. this is about