elena kagan, highly qualified.i think in sotomayor's casey got seven republican votes and i think kagan got five, so you know what is going on with the confirmation process? i will tell you a little story that i heard about the sotomayor process. is really a wake-up call for how broken the system is. right after her nomination she was going to get a lot of republican votes and maybe most republican votes. she was a very attractive nominee. and mitch mcconnell the senate republican leader was quite upset by the idea. that was not the record he was trying to make so he went to the national rifle association he asked them to quote score the boat so if there are any washington insiders here you know that scoring is above that interest group whether they nra or the aclu will list on their final rundown on the congressional session. how did members of congress do on issues that really matter to us? so that matters a great deal to the adherents of that particular interest group. the nra had never scored a vote on the supr

. >> history was made when elena kagan was sworn in. she will be the court's third woman member. >> president obama is signing the start treaty, one of his key foreign policy goals that cuts arsenals by one-third. more than nine years after the september 11th attacks, first responders who were sickened at ground zero will have federal health benefits. president obama signed the bill on sunday. >> today the president also put pen to paper, signing the repeal of the ban on guys in the military. >> your country needs you, your country wants you, and we will be honored to welcome you into the finest ranks the world has ever known. >> don't ask don't tell, that had been blocked in washington for too long, a e treaty with russia, two women appointed to the supreme court including the first hispanic supreme court justice in this nation's history. all of that was all accomplished in the first two years of his presidency. and then came the 2010 midterms and the house went to the republicans. and they pledged to oppose everything the president di

. >> we can anticipate a progressive court filled was sonya sotomayor and elena kagan will be a activistourt. john: they can serve through 24 bob luddy. >> fabled look to put to the progressive imprint on the lot of the land. john: do you run a business or create jobs? mcchrystal ball says the next four years john: look at the depressing turner to it shows wat happens to employment hiring recovered after two years. the current recovery is much slower. why? employers face thousands of pages of rules that makes it scary to expand because no one understands what those say. betsy mccaughey has heard those complaints following the biggest regulation of obamacare. bob luddy makes these. actually bigger and fancier with ventilation systems like restaurants use to take away bad smells. >> we are making money and expanding but i this a retirement it is difficult because of human resources rules that don't make sense with those regulations coming into the marketplace the department of energy wants to regule motors over five hp. john: they want to regulate to make them morenergy efficient? to carry

. >> we can anticipate a progressive court filled was sonya sotomayor and elena kagan will be a activist. john: they can serve through 24 bob luddy. >> fabled look to put to the progressive imprint on the lot of the land. john: do you run a business or create jobs? mcchrystal ball says the mcchrystal ball says the next four years [beep] [speaking foreign language] [heart beating] [heartbeat continues] [faint singing] [heartbeat, music playing louder] ♪ i'm feeling better since you know me ♪ ♪ i was a lonely soul, but that's the old me... ♪ announcer: this song was created with heartbeats of children in need. find out how it can help frontline health workers bring hope to millions of children at everybeatmatters.org. john: look at the depressing turner to it shos what happens to employment hiring recovered after two years. the currenrecovery is much slower. why? employers face thousands of pages of rules that makes it scary to expand becse no one understands what those say. betsy mccaughey has heard those complaints following the biggest regulation of obamacare. bob luddy makes these. act

. >> we can anticipate a progressive court filled was sonya sotomayor and elena kagan will be a activistourt. john: they can serve through 24 bob luddy. >> fabled look to put to the progressive imprint on the lot of the land. john: do you run a business or create jobs? mcchrystal ball says the next four years john: look at the depressing turner to it shows what happens to employment hiring recovered after two years. the current recovery is much slower. why? employers face thousands of pages of rules that makes it scary to expand because no one understands what those say. betsy mccaughey has heard those complaints following the biggest regulation of obamacare. bob luddy makes these. actually bigger and fancier with ventilation systems like restaurants use to take away bad smells. >> we re making money and expanding but in this a retirement it is difficult because of human resources rules that don't make sense with those regulations coming into the marketplace the department of energy wants to regulate motors over five hp. john: they want to regulate to make them more energy efficient? to

. >> we can anticipate a progressive court filled was sonya sotomayor and elena kagan will be a activistourt. john: they can serve through 24 bob luddy. >> fabled look to put to the progressive imprint on the lot of the land. john: do you run a business or create jobs? mcchrystal ball says the next four years [ male announcer ] if it wasn't for a little thing called the computer, we might still be making mix tapes. find this. pause this. play this. eject this. write this. it's like the days before esurance express lane™. you had to find a bunch of documents just to get a car insurance quote. now express lane finds your driving info with just one click, saving time to be nostalgic about the days before express lane. thank you, insurance for the modern world. esurance. now backed by allstate. click or call. john: look at the depressing turner to it shows what happens to employment hiring recovered after two years. the current recovery is much slower. why? employers face thousands of pages of rules that makes it scary to expand because no one understands what those say. betsy mccaughey has

. >> we can anticipate a progressive court filled was sonya sotomayor and elena kagan will be a actistourt. john: they can serve through 24 bob luddy. >> fabled lo to put to the progressive imprint on the lot of the land. john: do you run a business or create jobs? mcchrystal ball says the mcchrystal ball says the next four years look, if you have copd like me, you know it can be hard to breathe, and how that feels. copd includes chronic bronchitis and emphyma. spiriva helps control my copd symptoms by keeping my airways open for 24 hours. plus, it reduces copd flare-ups. spiriva is the only once-daily inhaled copd maintenance treatment that does both. spiriva handihaler tiotropium bromide inhalation powder does not replace fast-acting inhalers for sudden symptoms. tell your doctor if you have kidney problems, glaucoma, trouble urinating, or an enlarged prostate. these may worsen with spiriva. discuss all medicines you take, even eye drops. stop taking spiriva and seek immediate medical help if your breathing suddenly worsens, your throat or tongue swells, you get hives, vision changes

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in 2006, justice elena kagan, then the dean of hear extraordinary law school, scalia's alma mater says he is the justice who has had the most important impact over the years on how we think and talk about law. he originally coauthored a new book, it is called reading law, the interpretation of legal text. i am very honored to have justice scalia back on this program. so the first book was about arguing, how to make the case arguing the case. this is called reading law, the interpretation of legal text written brian a. garner -- >> as the earlier book was. >> rose: exactly. so what did you hope to accomplish with this? >> well, this back had really two objects in mind, one was to set forth the principles of interpretation that i believe most strongly in. to-wit, textualism, which you begin and end with the text. and that you give the text the meaning that it bore when it was adopted. which is originalism. the book discusses those topics in much greater depth than anything i have ever done before, and i wanted to get that off my chest. >> rose: why did you want to get it off your chest?

this is a senator, a republican senator from south carolina, who did vote for the confirmation of elena kaganustify sotomayor-- >> brown: you're referring to him coming out against-- >> and threatening this filibust wer john mccain which i think is an irrationalath on their parts. not because presidents have the option and should have the benefit of the doubt on a confirmation to the cabinet. this isn't a judicial lifetime appointment. and i don't senator graham or mccain was publicly vocal when secretary condoleezza rice was nominated for that position, having been national execute adviser, and predicted the arrival of the mushroom cloud because of a nuclear weapons that iraq was then, under saddam hussein, harboring. sthere seems to be a degree of irrationality. the president has now made it a big fight. and we've seen liberal press people come out citing the shortcomings-- personality shortcomings of susan rice. it's sort of a bizarre season, and i can't figure out where this is going. >> brown: david what, do you think? why have republicans made this such-- made her such a focal part, and

when the gramm was one of the few republicans who voted for elena kagan.opefully that will have some traction. the last question will come from and all of an audience -- from an alumna in the audience. what qualities should the law school be focusing on as we train the next generation of lawyers? >> a law degree give you a license, kind of a monopoly on the practice of law. it's supposed to be an honored profession. if you are not satisfied with merely turning over a bus, you know it is something special and you know it to your community to use your talent to help make things a little better for others. i think a lawyer who commits herself to public service to make a living and to remember that people who desperately need it representation and will not have a, she care. i do not think someone who says i will do my job and collect my fees and and not interested in the rest of the world -- i do not consider that person a true professional. >> we will do our best. i cannot think you enough. this has been delightful and a treat for everyone here. let's all tha

the problem that arose is that elena kagan was the solicitor general when some of those cases were beginning and she mentioned at her confirmation hearings that she had participated in discussions about one of the cases. i think what the court wants to try to do is find a case where she came later and had no involvement. you want nine justices. they don't want age. you could get a split in the would not decide anything. host: she would be one of the key votes to watch? guest: when it is a close vote, every vote is a key vote. in answer to your question, there are several cases and it is not a matter of a good or bad case. one of the deciding issues will be of justice kagan participated. when eight supreme court struck down an act of congress, they almost always hear the appeal. that law is constitutional in parts of the, -- country and unconstitutional in boston and new york so you cannot have that. the court will take up of those cases. host: the california prop 8 could come up as well? guest: that is a bigger question. that is the question of gays and lesbians having the right to marry. th

the problem that arose is that elena kagan was the solicitor general when some of those cases were beginning and she mentioned at her confirmation hearings that she had participated in discussions about one of the cases. i think what the court wants to try to do is find a case where she came later and had no involvement. you want nine justices. they don't want age. you could get a split in the would not decide anything. host: she would be one of the key votes to watch? guest: when it is a close vote, every vote is a key vote. in answer to your question, there are several cases and it is not a matter of a good or bad case. one of the deciding issues will be of justice kagan participated. when eight supreme court struck down an act of congress, they almost always hear the appeal. that law is constitutional in parts of the, -- country and unconstitutional in boston and new york so you cannot have that. the court will take up of those cases. host: the california prop 8 could come up as well? guest: that is a bigger question. that is the question of gays and lesbians having the right to marry. th