i can remember walking out of the first meeting and a half- jokingly said to john o'connor, i said, if anybody can get all the people in this room to agree upon what month of the year is, they would be doing a pretty good job, never mind all these details, especially housing in san francisco. it is not the first time a working group was put together. there have been many, many working groups. but in times where there's not a coalition or there is not a strong bond or it was done too quickly or recklessly and the details were not thought of, you cannot have consensus. what happens? the people who were not happy raised a couple bucks and they kill it. history is filled with examples like that. this group of the effort in. the terms on the term sheet. we listened to carefully. there were done out of respect for each other, and there was an awful lot of give and take what they really help the process. one other point, in closing, our inclusionary housing program now, it is is essentially a fee- out program. and these changes, they're not the agreement. it is not going to affect anything 12

o'connor, jticekey. inst teeetb eransti twim and john robert >> speaking of lmbting, dit,his hlito's first oral cahe poueke nianryeth lee where he orally dissented from stice cay -- kagan's majority sitti right next to him on ee un py ry stthdahore om tonhe bh, lylog ti lede w rng from notes. and, um, excoriated the court for, as he sawply sitsnc o c ualist cse um, was that a surprise, that he was so vigorous in dissent? and i guess, also, wa it a rihaalthse het alf arhaeishee itec relatively small number of people? a bunch of juveniles with no roanet rntd. an'sanor ci,utitn' s woseeone off. >> he cares about these cases. i think the point you made a second ago is the mo teresting, it would be one carype f keutn re tothtt wte ve wcommitted a nonhomicide crime can be sentence today life without parole no matter what. autiy en most recent decision ve w citt imfewitar eto t ant eiyo doe't sound like an espeally radical proposition and would seem to be in line with what judges do at sentencing since the beginning of f a umceak aount oal unl hi tis alan wal tein wrote about this vy nicely, i think, an interesti

o'connor, what did they have in common? they were all appointed by republican presidents. >> john paul stevens became one the most vocal members. >> here's the question -- has there been any justice appointed by a democratic president that went off the reservation to the same extent? i don't think so. are republicans so good at predicting how people will evolve? host: if you have a chance to get historical perspective, including the remarks on the senate floor by senator barack obama on the nomination of chief justice at the time, the nominee to be chief justice, john roberts. here is senator obama. >> judge roberts' record and history of public service, it's my personal estimation that he has far more o used his formidable skills on behalf of the strong in opposition to the weak. his work in the white house and the solicitor general's office. he seemed to have consistently sided with those who were dismissive of efforts to eradicate the remnants of racial discrimination in our political process. in these same positions he seemed dismissive of the concerns that every woman knows it is harder to make it in this world and in thi

o'connor, justice kennedy. he really lambasting them. it will be interesting to see whether there is any lasting divide between him and john roberts. >> speaking of lambasting, justice alito's first oral dissent in 5.5 years in the previous week in the juvenile mandatory life without parole case. he orally dissented from justice geoghegan, the majority, sitting right next to him -- justice kagan, the majority, sitting right next to him on the bench. he was looking up most of the time. it looked like he was just reading from notes. he excoriated the court for, as he saw it, completely losing its anchors on the cruel and unusual punishment clause. was that a surprise, that he was so vigorous in dissent? out of all the cases, that pulled his chain so much. it affects a relatively small number of people. a few juveniles who now have life without parole will presumably get reese sentenced and can get life with the possibility of parole. it is an important decision, but did not seem like the kind that would set somebody off the way it's set him off. >> he is a former prosecutor. the point you made it is interesting. on something he has done is take

o'connor, justice kennedy. he really lambasting them. it will be interesting to see whether there is any lasting divide between him and john roberts. >> speaking of lambasting, justice alito's first oral dissent in 5.5 years in the previous week in the juvenile mandatory life without parole case. he orally dissented from justice geoghegan, the majority, sitting right next to him -- justice kagan, the majority, sitting right next to him on the bench. he was looking up most of the time. it looked like he was just reading from notes. he excoriated the court for, as he saw it, completely losing its anchors on the cruel and unusual punishment clause. was that a surprise, that he was so vigorous in dissent? out of all the cases, that pulled his chain so much. it affects a relatively small number of people. a few juveniles who now have life without parole will presumably get reese sentenced and can get life with the possibility of parole. it is an important decision, but did not seem like the kind that would set somebody off the way it's set him off. >> he is a former prosecutor. the point you made it is interesting. on something he has done is take