the book contains early references and praise for decisions in lochner. leaving aside the specifics how the bakers in that community got together and passed a law that was only applied to work for bakers, the bigger question is, is is it appropriate for our federal courts to essentially review because they don't like the economic regulation that has been bassed by our legislators or our regulators? my own view is the harm that come from excessive economic regulation are relatively modest and danger of having the court step in and review all economic and other regulation for substantive due process violation is greater harm. but that is my view. it may not be that of everybody else in the room. the last point i want to make, i was rather surprised who the enemy was in this book. now the enemy is the ruling class, for which i translate to be elected and appointed officials. and the question is, are we better off or worse off with having democracy? because that is what we're talking about there, be our guide in these areas? it is true of course, in many case

and you and i talked yesterday about the lochner decision, a decision last year where the court wrestles with very weird statutory language and i wrote the dissent and we really went at each other. one notable thing about the opinionswas that both relied on justice scalia's book. you cannot make anything of it, sometimes there are good arguments on both sides, and can be found in the many pages of the book. , and heis a sign of will see this over the next decade, that that will be the standard reference when it comes to statutory interpretation questions, and the statutory canons. >> ok. -- now-- it will not be be everywhere. we have to hear the story about citizens united. i cannot imagine. that was your first. i need to hear that story. elena: it was my first appellate argument and i was nominated to the position, for whatever reason, because i had not done in appellate argument. one be ate the first the supreme court and of the importance of citizens united, i was nervous. and making me more nervous, the day before i had gone to the court, because the day before -- wasink, general sou