first time i talked to elena kagan, she was a good dean, built an ice skating rink.talked with elena kagan we receding at an introductory dinner in one of these typical rooms at harvard law school, everything looks mahogany and balustrades and it is ridiculous looking and i remember she sat down at the table and i said isn't it a beautiful room? it looks like a haunted mansion but before it was haunted. she gave me a look like i killed the kitten and we moved on. we had minor run ins with beans, when she tried to to fight against the solomon amendment she tried to to throw them off campus basically so i made that public and we got in a spat bear but good dean, that justice. >> host: michael posts on our facebook page please ask mr. shapiro about the status of surely share of's lawsuit against his so called news site breitbart.com. >> guest: i don't want to comment on that for legal reasons. the lawsuit is still on going but i am not personally involved. i wasn't involved with the company at the time. i am happy to talk about that in terms of my own opinion but in ter

and then also elena kagan, who has been president obama's solicitor general. >> host: you recount in a confirmation how both justice roberts and justice kagan compared judges to umpires. but they did so in a slightly different way. can you talk about the analogy? >> guest: during his hearings, chief justice roberts prepared an opening statement in which he said that the justices should be the umpires of the ballgame, just calling balls and strikes. what he meant by that comment exactly explicit about it. was that people don't go to the balkans to see the umpires but the players and find out who wins and who loses. and so the umpires should not be the central focus. but how that came across as a statement sort of about constitutional jurisprudence that all the judges did was sit there and see whether the statute was within this strike zone or outside the strike zone. that suggested that the job of the justices was relatively mechanical, that is what the metaphor came across as. when justice elena kagan was questioned, she said well, yes, we don't want the justices to be the focus. we

and then elena kagan, who had been president obama's solicitor general. >> host: you recount in the confirmation hearings how both justice roberts and justice kagan compared justices to umpire. but did so as i give away. >> guest: during his confirmation and chief justice roberts prepared an opening statement really in which he said that the justices should be the umpires and the ballgame just calling balls and strikes. what he meant by that, he was actually explicit about it, he said people don't go to the ballgame to see the umpires. they go to see the players and find out who wins and who loses. and so the umpires shouldn't be the central focus attention, but that came across as a statement we heard about jurisprudence, the all the judges did was sit there and see whether the facts was in the strike zone or outside the strike zone. that's exactly the job of the justice was relatively mechanical. at least that's what the metaphor came across as. when justice kagan was questioned, she said well, yes, i mean you don't want the justices to be the focus. you want the ball to be the focus. but when

sotomayor who president obama appointed the first hispanic american on the supreme court and then elena kagan who had been president obama solicitor general. >> host: you recount in the confirmation hearings for both justice roberts and justice kagan -- but did so in a slightly different way. >> guest: during his confirmation hearings chief justice roberts prepared opening statement really in which he said that the justices should be the umpires in the ballgame just calling balls and strikes. what he meant by that, he was actually explicit about it, he said people don't go to the ballgames to see the umpires. they go to see the players and find out who wins and who loses so the umpires shouldn't be the central focus of attention. but that came across as a statement sort of the about constitutional jurisprudence that all the judges did was sit there and see whether the statute was within the strike zone are outside of the strike zone. and that's suggested that the job of the justice was relatively mechanical. at least that is what the metaphor came across as. when justice kagan was questioned

when a elena kagan was questioned, she said yes, you don't want the justices to be the focus, you want the law to be the focus. when the justices make the decision, the law is not always as clear as a ball coming to the center of the strike zone. there is always some or very frequently some degree of judgment that is involved in determining whether the statute is constitutional or not. >> robert scourge sunday night at 9:00 on afterwards, part of the tv this weekend on c-span2 and later this month from the nation's capital look for booktv live coverage of the national book festival, watch full day coverage on saturday the twenty-first and sun. the twenty-second. also this month booktv ads online book love is reading this town. involved on facebook and twitter. ..

justice elena kagan sent it, in fact, to a lower court to figure out whether this market order is a takingn and hearings and testimony, we've chosen not to eliminate it because we've needed to use it on many occasions since 1949. >> the committee having compensated from as much per head over the years but the committee hasn't taken any ranz since 2009. for marvin, he blames big government for hig legal feigns. back to. >>> new deadly violence in syria. the regime on the offensive as it awaits possible u.s. military intervention. we will have a life report. that's next. creamy thai style chicken with rice. mexican-style chicken tortilla. if you think campbell's 26 new soups sound good, imagine how they taste. m'm! m'm! good! you will lose 3 sets of keys 4 cell phones 7 socks and 6 weeks of sleep but one thing you don't want to lose is any more teeth. if you wear a partial, you are almost twice as likely to lose your supporting teeth. new poligrip and polident for partials 'seal and protect' helps minimize stress, which may damage supporting teeth, by stabilizing your partial. and 'clean and