. >> the last confirmation, elena kagan. people didn't watch to the degree they had watched. ratings were starting to go down and even the networks kind of stopped covering, looked around to find -- they didn't do gavel to gavel, which used to be you watched it all day and you watched it all night. in a sense it's become a kind of performance that people are getting turned off. and i think, you know, we may have reached the tipping point. i think it would take one -- i don't even think particularly courageous, one senator on the judiciary committee perhaps from each party, aor maybe even not, who was doing their job -- the confirmation hearing was a job interview. if i were to interview somebody for a job and i were to say things like do you eat peanut butter, ask a bunch of irrational questions, nobody would allow me to get away with that in a job interview. we do allow it in the confirmation hearings and the public has tuned out. i think a courageous congressperson simply doing their job could go up there and ask the questions that are simply responsive to the position that

supreme court justices sonia sotomayor and elena kagan, secretary of state hillary clint clinton, seniorer valerie jarrett, janet napolitano, kathleen sebelius, hilda solis, susan rice is, lisa jackson, women running everything from homeland security to the epa. your wisdom in these selections comes as no surprise because after all, it is the extraordinary women in your own life who shaped it most profoundly. the strength and level headedness you learned from your grandmother toots, the values of honesty is, fairness and independent judgment that your mother anne instilled along with her capacity for wonder. the special bond with your terrific sister and barnard alumal maya, the devoted partnership you share with first lady michelle obama who awes us in her own right and sasha and malia who give us hope. clearly, mrs. president, you know something that the 5949 bar nartd graduates seated proudly before you are well on their way to discovering, that there's no opportunity they cannot embrace, no dream they cannot make real. you have demonstrated this truth through your own amazing story,

remember the last confirmation was that elena kagan was -- people don't watch to the degree they havewatched. the ratings are actually starting to go down. in fact, even the networks stopped covering. you have to look around to find. they didn't do a double double. he watched it all day and all night. that's the way it used to be. to the extent that it has become a kind of performance, people are getting turned off. i think, you know, we may have reached the tipping point. it would take one courageous senator on the judiciary party -- those who were doing their job -- the confirmation hearing is a job interview. if i was going to interview someone for a job and i said things like, do you eat peanut butter, if i ask a bunch of irrational questions, no one would allow me to get away with that in a job interview. but we do allow this with the confirmation hearing. and i do think the public has had it and has tuned out. i do think that a courageous congressperson simply doing their job could go up there and ask the question and questions that are responsive. it is interesting to me that s

got to me justice ruth bader ginsburg and i also was the first ordinary citizens testify for a elena kagan when she was confirmed. i didn't take that lightly. i researched her and i knew she had been at harvard and found that her background and look to record up. i supported her and i was the first one to testify for her. so it has been an awesome journey, it really has. everyone of those -- in fact when i did the thing up on the corner was valerie jarrett and the vice president. he told me he was getting tired of getting me a proof to get into the white house and he would just give me a permanent pass. a lot of people think i was -- but i was supposed to have been there last monday. i already had the commitment in california, and i have never missed a commitment yet. i had the flu once and was trying to get over it, but the guy said, could you do standup at the podium for 15 minutes? we have got people busting in from birmingham and the surrounding area. i did the program. i haven't missed one yet. i am getting close though. any other questions? i have got one in the back of the room. he

i also was the first ordinary citizen to testify for elena kagan when she was confirmed. and i didn't take that lightly. i researched her, and i called students that i knew had been to harvard and found out her background and looked her record up, and i supported her, and i was the first one to testify for her. so it's been an awesome journey, it really has. and every one of those -- in fact, when i did the thing up on the corner with valerie jarrett and the vice president, he told me he was getting tired of getting me approved to get into the white house, he'd just get me a permanent pass. a lot of people think i only went one time. i was supposed to have been there last monday, but i already had the commitment in california, and i have never missed a commitment yet. i had the flu once and was trying to get over it, but the guy said could you just stand up at the podium for 15 minutes? we got people bussed in here to montgomery from birmingham and the surrounding areas. so i got my husband to drive me, and i did the program. so i've kept my record. i haven't missed one y

with the exception of elena kagan, they have been federal appellate judges.t to serve in the military. sandra o'connor was the last elected -- >> to state government. >> we are talking about a narrow range of individuals on the highest court. we have ongoing racial and gender problems throughout the federal appellate system and district courts. that is critically important, because that goes to the public sense of confidence in the judiciary, the sense that it is not closed off, it is not a select group. it is the quality of judicial decision making. we should want all kinds of people to serve, so those experiences can interact and we can get the most informed judicial decision making. >> before we take your questions, something i would ask you to comment on, which came up earlier. we moved so quickly. there was an essay about the court not being a democratic institution. >> i think they are. >> i am with you. >> i have a book called "the most democratic branch." [laughter] the courts to play an important role in checking the minority in some cases -- the maj

supreme court justices sonia sotomayor and elena kagan, secretary of state hillary clinton -- [ cheers] -- senior adviser valerie jarrett -- [ cheers and applause ] janet napolitano, hill do solis, susan rice, lisa jackson, women running everything from homeland security -- [ cheers and applause ] -- to the epa. your wisdom in these selections comes as no surprise because, after all, it is the extraordinary women in your own life who shaped it most profoundly. the strength and level-headedness you learned from your grandmother, toots, the values of honesty, fairness, and independent judgment that your mother, ann, instilled, along with her constancy and capacity for wonder. the special bond with your terrific sister and barnard alumni, maya, the devoted partnership you share with first lady michelle obama who awes us in her own right, and sasha and malia, who give us hope. clearly, mr. president, you know something that the 594 barnard graduates seated proudly before you are well on their way to discovering. that there's no opportunity they cannot embrace, no dream they cannot make rea

>> elena kagan said she would recuse herself and did not in this obama health care case. has to be certain that they will receive impartial justice. it's not just my view. >> why would a gay person be more likely to be biased in the bar room example than you would? to be quite frank, i would be more concerned you would be biased against the gay or lesbian person. why are we putting that on a gay person as opposed to a straight person? >> i wouldn't apply to be a judge. i am an advocate. >> you are writing laws. >> that's my job. when i was in public school, we all went through a ritual, you made find it strange, that said keep us from temptation. that's because we said the lord's prayer. nobody should go where they should be tempted. that includes me, you, a prospective judge. >> the governor of your own state believes candidates for judicial vacancies should be considered based solely on their merit, record, aptitude and skill and no other factors should ever be considered, and the governor has long made clear that discrimination on the basis of sexual orientation is not

bill: there is charge about protecting elena kagan, solicitor general on health care.sn't this part of the gig? doesn't this come with the territory when you're attorney general? >> i asked people to look back in it had. of course you would say, general ashcroft was prominent but because of 9/11. there were cases but they were involving how to conduct terror trials and what to do with laws passed by congress and defending those laws like the patriot act. remember the politicization of him giving speeches to crowds and cheers saying we'll go after texas and look at these laws and racist laws. that didn't happen. even attorney general reno, there was controversies there. obviously waco was very controversial. elian gonzalez extremely controversial when they decided to raid the home and send hill back to cuba. political issues? not really. you could debate whether or not good or bad decisions but not politics. bill: you agree withla march smith on all this then? >> absolutely. this is not the department of justice's job to enforce administration's policies. their job is t

now, dissenting justices sonia sotomayor, ruth bader ginsburg and elena kagan faulted the court for weakening this very historic protection against double jeopardy. and agreeing with them in many of these cases when it comes to this, this particular case and this opinion, judge andrew napolitano, who joins me via the phone. judge, you say this is a dangerous departure from the -- >> well, you know i would have been dissented had i been privileged enough to sit with that august court. jenna: why? >> jenna, it's a pleasure to be on with you. it is a dangerous departure, and most respectfully the chief justice and the majority have misunderstood the nature and the history of the double jeopardy protection. you see, if the defendant does something to invalidate the trial, antagonizes or threatens the jury and they have to start another trial, that's not double jeopardy because the defendant has caused it. but if the reason for a second child is because of something the government has done or in this case because of something the judge failed to do, you still can't try the defendant again. what di

the long list of gifted and remarkable women leaders, supreme court justices sonia sotomayor and elena kagan, secretary of state hillary clinton senior advisor valerie chad, -- jared, janet nepalitano, susan rice, lisa jackson, kathleen sebelius, susan rice, lisa jackson, home lan security -- -- homeland security -- [cheers and applause] -- to the eta. -- epa. your wisdom in these selections comes as no surprise because after all, it is these extraordinary women in your life that shaikh did most profoundly. the strength that you learned -- that shaped it most profoundly. the strength that you learn from your grandmother as well as for constancy and capacity for wonder. the special bond with your terrific sister and barred alumna -- barnard alumni, miami. -- mya. and your devoted partnership with michelle and sasha and melia, who give us hope. clearly, mr. president, you know something that the graduates seated before you are well on their way to discovering, that there is no opportunity that they cannot embrace, no dreamyou have demonstrated that you have stayed true to your own amazing stor

supreme court justices sonia sotomayor and elena kagan secretary of state hillary clinton senior adviser valery jarratt janet napolitano, kathleen civilians, hilda solis, susan rice, li said jackson, when men running everything from homeland security -- women running everything from homeland security -- to the epa. your wisdom in these selections comes as no surprise because after all, there are extraordinary women in your own light to shed the most profoundly. the strength and levelheaded as you learn from your grandmother, the values of honesty, fairness, and independent judgment your mother ann instill along with her constancy and capacity for wonder. the special bond with your terrific sister and barnard alarm off maya. the devoted partnership to share with first lady michelle obama 0 is greater in her own right and sasha and melia to give us hope. clearly, mr. president, you know something about the 594 barnard graduates seated problem before you are well on their way to discovering. that there is no opportunity they cannot embrace, no dream they cannot make real. you have demonstra

guest: the two newest justices appointed by president obama, elena kagan and sonia sotomayor, have broughtome liveliness and vigor and aggressive questioning to the court and two free members. -- female members. you noticed the man or on one side and the women were on another. that is only the third time this has happened on gender lines rather than political lines. those two appointments are absolutely not surprising in political terms. caller: good morning to you, michael. i'm wondering -- on wall street and i was very involved with concentrating on citizens united and i'm curious, is there any movement towards returning it because if you listen to the "washington journal" most of the callers' comments are very indicative of political ads. it would be nice to get back to people thinking for themselves. guest: just to remind you, citizens united was the case that said corporations can spend unlimited money to support a political candidate and the viewers' question was there any movement afoot to overturn it? there is. there's a case out of montana where the supreme court has so far blocke

nominated to a still higher court so they want to avoid voting on his nomination as they did when elena kaganwas nominated to the d.c. superior court by president clinton. or the nomination to the second circuit by president clinton. it generated controversy or whatever. well, don't try to nit-pick this man's legal career. after his service as a federal prosecutor, he has worked at a highly respected los angeles law firm on a wide variety of matters. he has always represented his clients ed cally and to the best of his legal ability. now, the distinguished presiding officer was the attorney general of his state knows the lawyers are supposed to give their best counsel and their best effort to those whom they are representing. that's what lawyers are supposed to do. in my case, i prosecuted -- i defended in private practice criminals. i then prosecuted criminals as a prosecutor. in both cases, i knew what my role in the legal system was. as i assume that's what lawyers are supposed to do. actually, that's what republicans used to defend when federalist society and corporate lawyers were being