my colleague, justice ginsburg, she always says, what about nine? [laughter] i think it is a really good thing. i look out onto the court room all the time and there are all of the school children who come in, school groups, and i think, it is a great thing that young girls and young boys are seeing me and justice ginsburg and justice sotomayor and none of us are shrinking violets. they are watching us and the fact that we contribute in the exact same way as our male colleagues do. that is terrific. i think it would be good if we were diverse in some other ways that i mentioned for the same exact reason. but i do not think it means all makes all that much difference in the conference room. when the doors are closed and we are deciding cases. i am not going to say that it never makes a difference because i do think there are particular kinds of cases where somebody might have a very strong intuition about the way the world works that comes out in the decision-making process. i think in particular about a case a few years ago when i was solicitor gene

it is between justice scalia and ruth ginsburg. they've been friends for decades and decades. they share a new year's eve dinner together every year for all that time. they really love each other. think that is -- i think we all like each other and i think we all have enormous respect for each other. i think we all believe in each other positive faith -- each other's good faith most important. that is not easy every day. it is not easy on cases that you really care about. you think that there is an obvious right answer to hem. you have to listen to a colleague who has come out in the exact opposite way. you must not entertain the possibility -- it is hard sometimes to realize that people, two people can approach the same problem in other good faith and diverge so dramatically. i think all of us know that it is true. one of the important lessons of life in the law and something that the court really depends upon his understanding that. i think we do. i think there've been historic periods -- i think there've been the store periods where that is not true. here's been disliked an

hispent justice ruth bader ginsburg was interviewed yesterday. we were shown as much of this as we can until our live event shortly after eight eastern. [applause] >> [inaudible conversations] >> someone will have to control the microphone. it's also a great privilege for me to have an opportunity to ask questions from justice ginsburg instead of the other way around. [laughter] and i want to thank all of you out there who planted questions with mean in the hopes that i would ask those questions, but i probably won't ask any of those questions. but let's start, justice ginsburg, with the supreme court of the united states. you and your court handled the most ethical and most controversial questions of our day and of our society involving life, death, voting, property, race, freedom, campaign contributions, all of those things. what's so special about this court, despite the fact that you decide these controversial questions, the supreme court of the united states is the most respected institution in our government, and it has been for a long time

popper is called scalia- ginsburg. -- the opera is called scalia- ginsburg. [laughter] >> how can you write an opera about the two of you? i think there are a lot of people out there who would like to take a hand at that. will it happen? >> this is a random page from the court. it does exist. an opera composed by a young man who advertises himself as a, lyricist, and pianist, but he also has a law degree. in his constitutional law class, he was reading these opinions -- justice scalia's opinions, my opinions, he decided this would make a great opera. [laughter] i will give you a sample. this is justice scalia's opening aria. it is labeled "rage aria." [laughter] the main frame goes this way -- the justices are blind. how could they possibly office the constitution says, absolutely nothing about this. that is his opening. [laughter] my response aria is in the style of verdi. it goes -- you are fighting in vain for a solution to a problem that isn't so easy to solve. but the beautiful thing about our constitution is that like our society it can evolve. [laughte

not too long ago ruth bader ginsburg, who is an extreme left-wing idealogue on the supreme court who had, only four republicans voted not to confirm this idealogue and who is never referred to as a left-wing idealogue but that's what she is, not too long ago recommended to the muslim brotherhood which was then thanks to obama running egypt, the muslim brotherhood, an organization whose spiritual leader has called, in so many words, for the slaughtering of jews. ruth bader ginsburg's advice to them when they were getting a constitution or a fake constitution since the muslim brother with hood has a pot toe, the quran is our constitution, that's their constitution. anyway, she was advising them, and she said i wouldn't recommend the american constitution. supreme court justice. i wouldn't recommend the american constitution, it's kind of old. i wish i was making this up. it's kind of old. i would recommend something like the south african constitution. the south african constitution is the stalin constitution sort of, you know, brought up-to-date. the idea of rights, our founders' idea

the opera is called scalia- ginsburg. [laughter] >> how can you write an opera about the two of you? i think there are a lot of people out there who would like to take a hand at that. will it happen? >> this is a random page from the score. it does exist. an opera composed by a young man who advertises himself as a, lyricist, and pianist, but he also has a law degree. in his constitutional law class, he was reading these opinions -- justice scalia's opinions, my opinions, he decided this would make a great opera. [laughter] i will give you a sample. this is justice scalia's opening aria. it is labeled "rage aria." [laughter] the main frame goes this way -- the justices are blind. how could they possibly office -- spout this. the constitution says, absolutely nothing about this. that is his opening. [laughter] my response aria is in the style of verdi. it goes -- you are fighting in vain for a solution to a problem that isn't so easy to solve. but the beautiful thing about our constitution is that like our society it can e

the question -- one thing we're not talking about, does ruth bader ginsburg look at this scenario and say this is the time to go. this is the time where it's a democratic senate still. now, she apparently doesn't think that way. you know what, she's not letting politics decide this. when she leaves, she's going to leave because her good friend sandra day o'connor regrets leaving. >> reading between the lines, i do not think she's going to leave at any time unless she felt she could not do the job. she's as strong as ever. >> i think another decade. everybody assumed she was a short timer. >> she loves this job. >> she loves the job and her friendship -- sandra day o'connor i hear continues to regret. >> don't forget a couple years ago she lost her wonderful husband and party marty ginsburg, this is her life. she sees exactly with sandra day o'connor. you began to talk a bit about 2014 and the senate. we've been talking about 2014 and 2016 way too early but now looking forward, here it is with the new year. we are now in an election cycle. midterm election cycle which is setting the st

later, ruth bader ginsburg discusses the court's role in the country. now a look at digital and internet privacy with advocates from the chicago ideas week. this is moderated by rebecca mackinnon. it runs one hour 35 minutes. gentlemen, please welcome this afternoon's host, rebecca mackinnon. >> good afternoon. thank you for coming. [applause] many people may not realize this, but 95% of people who are out there on the internet using their smartphones and so on can be identified and profiled by just for interactions through their mobile devices. if you post a tweet, check your bank account, send an e-mail, or check your facebook newsfeed, boom. some ad network is profiled you. that a lot of the companies collecting this data can not live up to their security claims. this data is vulnerable to hacking. security experts will tell you that any device connected to the internet can be hacked. that is not just your computers, or your smartphones, or your tablets. carsasingly it becomes our that are connected to the internet, your home security system, your me

on saturday supreme court justice ruth baders ginsburg. passengers will notice many visible changes to the jets or frequent flyer programs until next year. a group of tech companies calling on president obama and congress to impose strict limits on surveillance. the group which includes google, microsoft, yahoo! and twitter have written a letter calling for an end to mass collection of user information like e-mail and contact lists. the move comes in the wake of the leaks on u.s. spying programs by edward snowden. back to you. >> thanks very much. >> time to check the forecast right now. my mouth still frozen this morning. >> understandable. it's very cold out there. you know what, this has been a prolonged cold spell in the bay area. we're not going to get out of it for a couple days. keep those winter gloves, everything you need handy. 25 in fairfield, 22 very cold in petaluma, 23 to start the day in santa rosa. i want to take to you the city of san francisco. a lot of people here park outdoors and it's cold enough for frost just about e

on saturday ruth bader ginsburg deny add last-ditch attempt to block that deal. >>> well, first, black. today it's green monday. ebay coininged that term which marks one of the biggest online shopping days of the year. walmart.com will feature several of its black friday deals again today. veronica, back to you. >> tomorrow is giving tuesday. one of my favorite days. >>> scrambled politics is up next. we'll tell you all about the trouble at the nea and potential thorn in mitch mcconnell's side. which is why he's investing in his heart health by eating kellogg's raisin bran®. mom make you eat that? i happen to like raisins. [ male announcer ] invest in your heart health with kellogg's raisin bran®. ♪ ♪ i wanna spread a little love this year ♪ ♪ i wanna spread a little love and cheer ♪ [ male announcer ] this december, remember: you can unwrap craftsmanship, inspiring capability, and some of the best offers of the year on our most versatile luxury utility vehicles at the lexus december to remember sales event. this is the pursuit of perfection. at the lexus december to remember sales eve

when justice ginsburg did her tour last year talking act roe versus wade and how the court had moved too far ahead of the country and the abortion right would have been on firmer ground today if the court had waited or at leastimonious in the way it handled down that decision, she wasn't talking about abortion. she was talking about same-sex marriage. the writing was clear on that. there's some room between those two alternatives where we can be pragmatic on the one handle ayla with bader ginsburg, and -- >> stay with us. what i want to do when we come back, i want to go deeper on this question of where we're going because there was actually last night breaking "duck dynasty" news. when we come back, the quack is, in fact, back. i want to talk about how what we have seen over the course of the past couple weeks tells us about where we are in our culture around questions of lgbt equality. ♪ searching for a real love [ woman ] too weak. wears off. [ female announcer ] stop searching and start repairing. eucerin professional repair moisturizes while actually repairing very dry skin. the

phil ginsburg is general manager. >> it's sad to lose an iconic part of san francisco's history. i mean, there's been so many things, wonderful think thats that have happened here and san francisco families have been coming here for generations and we've welcomed people from all over the bay area, obviously. >> reporter: all agree that the stadium is well past its prime. hardly state of the art. it's cramped and not very comfortable. these showers resemble a high school locker room from the eisenhower era. and on the field and in the stands, cold and windy. >> quarterbacks and stadiums have a shelf life. candlestick has had some very proud history. you know, we're going to say good-bye to it in style. >> reporter: while the 49ers organization looks forward to their new $1.3 billion home in santa clara, they acknowledge things they might actually miss. bob malamo manages the locker room. >> it probably won't hit me until i start driving home in the car by myself. i'll break down. >> yeah, this is -- >> reporter: to remember some of the stick's iconic moments i sat down with column

justice ginsburg has a message. she will take him or. she will come to your house if you're going to have a garden party. she will be there. she is not leaving. okay quick she wants everyone to know if she's staying on the supreme court so she's been doing interviews like mad to get that point of view out. >> why aren't there more interviews like this? >> it -- >> go ahead, tony. >> it's because they don't have a message like that to get out. if they did they would. there are some justices who know if they stick their neck out and are interviewed they're going to get some questions that they don't really want to answer. that's another factor. i was able to once interview justice alito because i knew he's a philadelphia phillies fan. and the phillies had just one -- they hadn't won the world series but they had done well so i said that i interview justice alito about the phillies. and the public information officer said, he won't want to talk about it. the next thing i know i got a call from justice alito of saying be here at noon tomorro

ginsburg claims they violated a covenant of good faith under minnesota law. a court of appeals agreed with him. >> first, you are probably thinking, why is the highest court in the land taking up a fight over frequent flyer miles? seriously. as it turns out, it is bigger than it sounds. it is states rights versus federal jurisdiction, precedents set within jurisdictions and what companies can and cannot offer as rewards. >> i do believe airlines should have the ability to punish customers who abuse them. there are clear rules whose -- that state how you should behave with the frequent flyer program. one passenger took the mile simply because he had too many. i know many people with many more millions who are just fine. the airline is not just going out and deleting accounts. i do believe that he was abusive, probably. but the airline should not be able to hide behind the deregulation act and that consumers have no say whatsoever. >> which consumer is more profitable for the airline, the one who uses the point constantly or the one with the sapphire status? >>

circuit today she's very progressive the people comparing her to ruth bader ginsburg republicans use the maximum thirty hours that they have to basically debate a nominee but they've lost the ability to filibuster harry reid looks like he's pushing the stuff through just step by. stephanie blew up a nuclear option that regard have you newfound respect for harry reid. you know what i do i very much respect what happened here but let's understand he was pushed to do that by some by some other senators and some other house members that said it's time that the problem is to reverse this trend that's been taking place as liberals have sat there and i the only watched as the courts were being packed they've now reached a point to where almost above seventy percent of the appointments at the trial level apply appellate level in the federal courts are held by a very conservative judges now that's because rahm emanuel told obama when rahm was in charge of the he probably still is in charge some degree but when rahm emanuel told obama listen people don't really care about the courts they're no

in fact, justice ginsburg said before she was elevated to the court that the roe v.king it down everywhere at a time when it was already deemed changed state by state was a way to halt the natural evolution on the issue and to prevent a social revolution up. that's exactly what happens when judges step in. let people decide state by state. utah, as you said, had a referendum on this, it was two to one against gay marriage. why should judges impose it on the population especially as all of us are agreeing generational, eventually going to change. let people have a sense that in a democracy you actually have a say in fundamental issues like marriage. >> in utah also within the last couple of weeks a ruling there striking down essentially part of the law used to strike down on polygamy. where do you stop defining different relationships. i want to get to our other culture subject today "duck dynasty" thing. cracker barrel yanked some of the material from the shelves. they got so much heated by sunday they turned it back around and said they are back on i understand both

justing kagan filed a dissending opinion in which justice scalia, ginsburg, and sotomayor have joined. >> notice the same lineup. but even a more fractured court. and justice alito refuses to explain the basis for the court's opinion. i'm supposed to do that in what, seven minutes? well, six. [laughter] why doesn't he give the court's holding? because there is no holding! in fact, if you read the opinions a majority of the court rejects every theory that is offered for the result of affirming. the confrontation clause itself talks about the right to be confronted with the witnesses against an individual. all of which appeared at the end of the term at the last possible day reflecting the court's struggles. woe know from the first case that a laboratory cannot simply produce a notarized form that says cocaine and can be introdoes -- introduced for the prosecution. but even that without a witness to support that result. but even that lead to a dissent by four judges who said that justices who said what the court ought to be doing is in fact not applying normal confrontation principles t

let's move on to the rest of our program, and we are going to start -- we will hear first from paul ginsburg, who is at the center for studying health system change. paul is a health care economist who is made his business to make sure he knows the trends of health care delivery. we have asked him to discuss areas of consensus, the likelihood of moving forward, given the political atmosphere, and also to look at just how concrete these proposals are in their ability to move us forward. paul? >> thank you, marilyn. as rachel said, there were a lot of activities in developing comprehensive strategies for cost containment. many of them were motivated by expectations that there would be substantial budget legislation. now, there are opportunities to put these ideas forward. most of these entities are really seeking consensus. some of them had different stakeholders involved. some had conservative and liberal policy experts. some have republicans and democrats. one was from the perspective of states. i want to mention that we served as advisers to the bipartisan policy center. it was released in

later, a conversation with supreme court justice ginsburg.

. >> rabbi ginsburg sued for $5 million to research the rights of all frequent fliers to complain. us on "new day" live at 7:00 a.m. eastern time. >>> "new day" starts right now. >>> he feels terrible. whether it was his fault or not, it was his train. >> asleep at the controls? new details this morning. the lawyer for the train engineer reveals what he says happened just before that deadly derailment as we hear the 911 calls from moments right after the accident. >> the hunt is on. a rare bear attack in florida sets off a massive search to capture the animal. residents are waking up frightened as we hear the desperate calls just after the attack. >> the real top gun, she's the highest ranking woman at the pentagon ever, get this, she's also the inspiration for tom cruise's girlfriend in "top gun." what's real and what's fiction? >> your "new day" starts right now. >> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira. >>> welcome to "new day," it is wednesday, december 4th, 6:00 in the east. we have some breakthroughs in the new york train derailment

i think justice ginsburg said dissending justices write for the future. and perhaps the best example of that was chief just is renner qis. he was known as loan ranger in his early years on the court because he wrote dissents and often wrote them for himself. but once the court began to shift to the right, he started to see some of what he believed in become majority opinion. so yes, i'll tell you a funny story once. i was having christmas lunch in d.c. and justice scheeg -- klieg ya was having lunch at the nearby table. why wouldn't we send over, you know, it was an italian restaurant, obviously. why don't we send over an after dinner drink to him as, you know, spirit of christmas. well, he didn't accept it. he came over though to explain. he said he would have accepted it, if he was writing a majority opinion but had to write a dissent. he needed a clear mind for that. [laughter] >> what do you sympathy going happen when about a dozen people aciewnted for about 80% of the super pac money. where do you think the country is going go if we can are going to

spreadsheet court justice ruth bader ginsburg rejected the idea that the merger will bring ticket pricesup and make planes more crowded. >> for one, it's going to eliminate overlapping routes that u.s. air and american both shared. ticket prices for those will go up. but it's also going to make a more efficient airli in some wa where planes that were under sold on certain routes will now be at capacity. that will drive ticket prices down. >> american airlines released the following statement after the courtts announcement. the event signifies the merger and the end of restructuring, a statement said we look forward to closing the merger and becoming the new american airlines on december 9th. to win justice department approval, the new mega airline agreed to give uptake-off and landing slots in gates at marriage airports. that concession will give competing low-cost airlines more access to major cities like network, boston, chicago, miami, los angeles, and washington, d.c. >>> probably the best thing for consumers is competition. some of those smaller airlines, which aren't so small, airl

in fact, supreme court justice ruth bader ginsburg cited this precise type of discrimination from a presectionng rights act came before the court earlier this year. >> these second-generation beforers included racial gerrymandering, switching from district voting to at-large voting. >> did you hear that? at-large voting. it's the oldest trick in the book. and it's so immediately recognizable that when a neighboring texas town of beaumont picked up a very similar at-large plan it was blocked by the justice department in december 2012. but then, the supreme court killed section 5 of the voting rights act in their 5-4 decision. and the mayor of pasadena, johnny isbel, made his move. >> he blatantly said at the first meeting we had, now that the preclearance from the voting rights act is gone, we're going to redistrict the city. >> in the mayor's own worlds -- >> the government can no longer tell us what to do. >> and the fact that council members don't care about citywide issues, the mayor put his own plan on the ballot. >> the mayor is aware of what this plan does, but he seems to not care. >> a

later, a conversation with supreme court justice ginsburg. >> helen taft was more ambitious about getting to the white house that her husband william howard taft and was willing to get personally involved with politics to get him elected. illness toe a series directly manage the white house, invited top classical musicians to perform their, and supported causes that matter to her. she also has one of the most visible legacies of all of the first ladies. trees thatcherry bring tens of thousands of visitors to washington every year. good evening and welcome to first ladies. the life of helen taft. her husband served in the white house. here to tell us about her life is her buyer for -- biographer lewis gould. you open the book by making the case that of the 20th century first ladies, she is the most of your that you say she deserves better from history. --my why she deserves better tell me why she deserves better. >> and she did things that were very constructive. the cherry trees, bringing classical musicians to the white house, and generally trying to make washington the cultural center o

later, ruth bader ginsburg discusses the court's role in the country. look at digital and internet privacy with advocates from the chicago ideas week. this is moderated by rebecca mackinnon. it runs one hour 35 minutes. gentlemen, please welcome this afternoon's host, rebecca mackinnon. >> good afternoon. thank you for coming. [applause] many people may not realize this, but 95% of people who are out there on the

ginsburg pension placing the tax, -- mentioned replacing the tax, with the exclusion of employer-provider health care, it was the first time i heard that idea, actually. i'm intrigued by that. on the theme of encouraging good behavior, discouraging bad behavior, actual effects on employees, insurers, what it means, i am interested in hearing about that. in addition to the political realities of whether that is something that has legs or not. primarily, how it works. >> i would think from the perspective of firefighters, the problem with any of these approaches, the cadillac tax or a cap on the exclusion is that some employee groups due to the nature of their work or the nature of their workforce are going to have higher medical spending. that is a challenge of making these policies sophisticated, sensitive enough to adequately recognize that. and this applies both to the cadillac tax and to an bpc reporte, and the had that. one of the most concrete things is the difference between the two is the way it works out, the cadillac tax is effectively a de facto cap on premiums. you give them th

i think justice ginsburg said dissending justices write for the future.e best example of that was chief just is renner qis. he was known as loan ranger in his early years on the court because he wrote dissents and often wrote them for himself. but once the court began to shift to the right, he started to see some of what he believed in become majority opinion. so yes, i'll tell you a funny story once. i was having christmas lunch in d.c. and justice scheeg -- klieg ya was having lunch at the nearby table. why wouldn't we send over, you know, it was an italian restaurant, obviously. why don't we send over an after dinner drink to him as, you know, spirit of christmas. well, he didn't accept it. he came over though to explain. he said he would have accepted it, if he was writing a majority opinion but had to write a dissent. he needed a clear mind for that. [laughter] >> what do you sympathy going happen when about a dozen people aciewnted for about 80% of the super pac money. where do you think the country is going go if we can are going to continue on thi

supreme courts justice ruth bader ginsburg denied an attempt to block the deal.el with nexa capital. ray, thank you for joining us nice and early. is that it now? have we done with the massive restructuring of u.s. air lines? are we still going to have another decade of it? >> we're pretty much set. there's a fourth big carrier, southwest. there are four or five niche carriers. >> the likes of jetblue down the east coast, yes? >> jetblue and alaska airlines and hawaiian which serve certain markets and do offer some competition to the big carriers. the industry is more rationalized where it will benefit the consumer by having a bigger product to choose from from each airline t. will be a benefit to the airlines and investors where they can get an adequate return. >> it will be an across the board business over the next decades. the airlines have been in and out of chapter 11. one has to wonder if this was an investable business. a quasi public service? >> right. i agree with james cramer. it's a consumer variable industry. it will be subject to the economic busine

a former white house middle east adviser mark ginsburg joins us.time in the middle east and one of the main children is the violence as we run up to the constitutional referendum in january. they're moving ahead with the army-backed plan for political transition. one expert who studies the muslim brotherhood quoted in the new york times is calling the desing nation a turning point and it could lead egypt into a civil conflict. for us and the audience, put it into what a big deal or not giving us this label. >> it is an incredible reversal of fortune for the muslim brother hood. back in 1953, '52 when nasser and the colonels overtook kim farouk and the muslim brotherhood took him and ran him under ground. when the president sadat was assassinated in 1991, again the muslim brotherhood was further run underground by then surro d surrounding vice president mub rack and here we are again and this is the most ominous designation yet. >> it seems to be getting more sophisticated. you are getting suicide bombs and they're targeting civilians and i posed th

the second case the justice ginsburg wrote an opinion, in which the state of new mexico, used as a witness for a dui blood-alcohol measurement, someone from another laboratory who had not been involved in the testing at all, the person who did it was on administrative leave for unspecified reasons and only one justice joined in the entirety of the court and that that was justice scalia. justice sotomayor were wrote a concurrence that is the limits of the opinion, one being that the report as to which there was no live witness for was never in evidence. the army's question becomes what if it is not introduced into evidence, and that is the williams case. and shipping this up to a firm in maryland, the firm deduced this profile, which is not always a trivial matter, by the way, and often requires judgment, mixed samples are producing real samples and forensics today, especially with low quantities of dna. writing a report, sending it back to the state, and in analyst from illinois searched the illinois database and she also used this to come up with a probability even lower than the ones the

national captioning institute] [captions copyright national cable satellite corp. 2013] says thee ginsburg support -- supreme court should not manipulate their retirement. her remarks are next on c-span. the debate on the federal budget agreement. a senate panel will look at the accountity and savings. we would hear from the president of aarp. morning at 10ow a.m. eastern. later in the day, the senate commerce c

ambassador mark ginsburg.ning, we appreciate it. >> merry christmas. >> and to you, merry christmas to you as well. so let's start right there with afghanistan. reports that the administration seems to be easing this deadline after threatening that they would resort to a zero troop option if karzai didn't sign that security agreement. does this make the united states look weak? does it weaken its leverage? or is this just smart policy? >> i think it comes down to smart policy. first of all, we still have troops in afghanistan. secondly, even after any agreement, we can't possibly do what happened in iraq, pull out and look at the countries blowing up in iraq. karzai is an irascible and very difficult person to manage, and frankly the fact that we're having to deal with him anymore is a challenge i think to most americans, given the fact that he's extorted us enough times now and now is trying to extort more out of the united states in return for this agreement. but karzai is not the issue here. the issue is am

ginsburg pension placing the tax, -- mentioned replacing the tax, with the exclusion of employer-provider health care, it was the first time i heard that idea, actually. i'm intrigued by that. on the theme of encouraging good behavior, discouraging bad behavior, actual effects on employees, insurers, what it means, i am interested in hearing about that. in addition to the political realities of whether that is something that has legs or not. primarily, how it works. >> i would think from the perspective of firefighters, the problem with any of these approaches, the cadillac tax or a cap on the exclusion is that some employee groups due to the nature of their work or the nature of their workforce are going to have higher medical spending. that is a challenge of making these policies sophisticated, sensitive enough to adequately recognize that. and this applies both to the cadillac tax and to an bpc reporte, and the had that. one of the most concrete things is the difference between the two is the way it works out, the cadillac tax is effectively a de facto cap on premiums. you give them th

justice ginsburg you have always been one of my favorites. my question -- and please don't take this as an endorsement of the policy -- it would be term limits for the supreme court, say an 18-year term limit that would give each presidential term two nominations. thank you. >> it is a good question but it is highly hypothetical because article 3 of the constitution says that the judges shall hold their offices during good behavior behavior. and on the whole federal judges have been a well behaved bunch. >> is that because everybody is watching? >> i think the original idea was to make sure the judges were going to be independent. the frame errs did two things. one was give us life tenure and two provided that our salaries cannot be tkphepbd -- diminished while we hold office. most places in the world i would have been gone years ago because the retirement age starts at 65 70, 75 tops. so, it would take a constitutional amendment to change that. and our constitution is powerfully hard to amend as proponents of the equal raoeutsights amendment