the frank ritchie case, the discrimination case, it was supposed to be a central line of questioning. it really wasn't, was it? >> no, it really wasn't. because in the end, what you'd have to say if you were upset about the way that whole case was handled before it got to the supreme court, you'd have to say that sonia sotomayor should have taken it upon herself to reinterpret the law into advance the whole understanding of affirmative action, which is ultimately what the supreme court -- >> that's actually the inverse of what senator kyle and judge sotomayor discussed today. and that is that that president didn't rest, necessarily with the supreme court, but within the second circuit -- >> within the second circuit. so to ask her, how come you didn't change precedent within your circuit? it's a difficult case to make. especially if you want somebody who's not an activist. >> rather than retrying, i was going to the politics of the moment. let's go to politics of the moment somewhat more approximate, and that is the president's speech to the naacp. your reaction to it, the fact that i