but the last six points to the court sotomayor, we don't aley know anything about sotomayor. but i mean olyo, briar, thomas all ex-chact as predicted. and i think sotomayor will be exactly azepe dicked. and i don't think we will see in our lifetime again a surprise. because the people who care about points, the -- corps of the president's party will immose and i think you know, -- you want to know who's going to be -- how the supreme court is? it's goinging to be tell me how your -- going to tell you tomorrow. >> david? >> my question is about television, the most outspoken criticism and breaking tv on the court whether you're in the long term or return durn you think we'll have supreme court coverage for this is an issue that gets so much attention. i cannot g that people are really going to want to watch. most of all argument. when m.p.r. puts the radio recordings on. i do not hear excitement it's a long wavey event. it's not something that is going to suds enly turn into the latest youtube sensation. maybe like a two minute clib. but the whole tenor of it, not so much and

but the last six points to the court sotomayor, we don't aley know anything about sotomayor. but i mean olyo, briar, thomas all ex-chact as predicted. and i think sotomayor will be exactly azepe dicked. and i don't think we will see in our lifetime again a surprise. because the people who care about points, the -- corps of the president's party will immose and i think you know, -- you want to know who's going to be -- how the supreme court is? it's goinging to be tell me how your -- going to tell you tomorrow. >> david? >> my question is about television, the most outspoken criticism and breaking tv on the court whether you're in the long term or return durn you think we'll have supreme court coverage for this is an issue that gets so much attention. i cannot g that people are really going to want to watch. most of all argument. when m.p.r. puts the radio recordings on. i do not hear excitement it's a long wavey event. it's not something that is going to suds enly turn into the latest youtube sensation. maybe like a two minute clib. but the whole tenor of it, not so much and

new justice sotomayor happens to be from the bronx. we have others up there who can give it out pretty strong. ruth bader ginsburg is from brooklyn. antonin scalia is from queens. samuel alito is from trenton, new jersey. we just wonder if we will have a little more mixing it up from the bench with the introduction of justice sotomayor. >> that go around by order of seniority after the chief justice has set up the case. this is what we are are to decide, here is the question. then they start casting votes, starting with the chief justice. if someone is not ready to cast a vote, he or she can wait, but typically it is up to the final justice to have his say, and then once every justice has been able to speak, they might have some give-and-take among the others. that is what they do for every case as it has been argued earlier in the week. also they go through on seniority if there is discussion to be had for a case that might be up there on a petition or appeal, and they decide whether to take the case and schedule it for oral argument.

i wish that his opening statement to judge sotomayor had gone like this. judge sotomayor, we have got the votes to confirm you no matter what you say, so tell us the truth. [laughter] but, instead, you get the absurd, the ability to block, as if that is a statement about something. what is law that you have that fidelity to? or roberts, the job of the supreme court justice is just like an umpire in baseball. i assumed roberts knows the american league and the national league have different strike zones. [laughter] and that it isn't a strike until i call it a strike. you know, there is, you bring something to being a supreme court justice. what robert springs, what alito brings his experience in the reagan justice department and their catholocism. if you can combine to things, the catholic religion and conservatism, you get somebody who will not vary on the key issues that republicans care about at the supreme court, first and foremost abortion and to a lesser extent now race. and that is where do do you see a difference in this court and the one that exist

. >> host: so now we know there's been all these contentious votes for justice sotomayor, chief justice roberts, justice alito, robert bork a couple of years later, maybe the next year you will tell me, goes down in flames in the confirmation process and justice scalia, one of the more controversial justices and more colorful and more flamboyant, most flamboyant, 98-0. >> guest: but you know, ted, you can't believe all the dialogue even from a hardline liberals. howard metzenbaum opened his conversation, his questioning, his probing by saying it's a shame you beat me and squash the other day. so there's a very good old way thing going on and in fact you probably remember in the book i open with justice scalia even talking about the first softball question from -- list of the federalist society. >> guest: -- exactly right. when he was appearing before the federalist society and the justice holmes itself puts the arms together as if bring them on. and that is -- if he had a good time in fact it the end of the hearings he said i truly enjoyed myself and what i write is i think he did. >> h

justice sotomayor happens to be from the bronx. regenerator ginsburg is from brooklyn. samuel alito is from trenton, new jersey. there will be a little bit of mixing it up from the bench. this is where they will begin the process of reaching the decisions. the goal of a round after the chief justice has set up the case. this is what we are front to decide. the start casting votes. the someone is not ready to vote, they can wait, but typically it is up to the ninth justice to have their say and then once every justice has been able to speak, there may be give and take care that is what they do for every case. also, they go through this see if there is a discussion to be made for a case on appeal to decide whether to take the case. it is a very serious business. they start with a little coffee and pastry. then they tell that they keep carryin. they do that before the holder conference. justice o'connor said she loved the idea of shaking hands with a colleague and having that human contact before they were about to disagree vigorously. then they go back to their chambers a

for his presidency and the spanish got that message and voted democrat in big numbers and justice sotomayor his hugely important. to keep that though and immigration vote matters in terms of sustaining. >> also the cuban vote affected by generations? >> exactly. fidel castro came to power in 1959 npr through the second and into the third generation. that has less resonance and as it does the importance of that vote in florida for the republicans is diminishing. in part because the issue what self seems to be fading and certainly the latest generation of cuban americans is off to other things as is fidel castro. [laughter] >> how will the demographics affect the rise of an effective third-party? >> obama's biggest problem is not to republicans but populism. it comes from the implosion of the republican party because what is happening is when they have that old real majority was also a real majority fuelled by the south. now they are locked up. the more they are locked up the worse off they are. we even see that for the data of 2010, republicans are doing okay but way behind. new york state,

. >> judge sotomayor, are you prepared to take the oath? >> i am. >> please raise your right hand and repeat after me. i, sonya sotomayor, do solemnly swear -- >> and you just as does a couple of things for the court. obviously, on the law, that is what matters. a new justice can tip the ideological balance and change the votes in the case. that is the most substantive thing a new justice can do. it also changes the personal dynamics among the nine. imagine a group you have been a part of work someone who comes in. everyone rearranges slightly to accommodate that person's approach to the law. >> byron white used to say that each new just this changes the whole court. i think what he meant by that was that because it is a quart of nine very, very particular individuals, there is a dynamic that develops. the new justice can change the dynamic, can come in with a different attitude, a different approach. i remember justice harry blackmun said to me at one. , he was quite resentful about justice o'connor. he said that woman came here with an ag

. >> host: what do you think, larry klayman, of the president's pick of sonia sotomayor for supreme court? >> guest: i thought it was a relatively good pick. i'm a conservative, i'm one of the few that came out and said that. she made a statement at duke university, my alma mater, that was off the cuff, i think she was being cute, but it could have been a lot worse. this is a judge who basically has adhered to the constitution, she's someone that recognizes there are minorities in this country and that there is injustice and bigotry and, frankly, i was very happy because i love the hispanic community. i spent many years in miami and still do, that they now have a justice of their own. so i actually supported the pick, i was one of the few conservative libertarians that did. >> host: we have a couple calls from houston here, first to rick on our republican line, go ahead for larry larry klayman. >> caller: how y'all doing this morning? i got a few comments, but i just want to say that this man is an eagle, and that's what we need. we don't need a bunch of ducks swirling in the same pond be

justice sotomayor and they all have different approaches to their catholicism but i think everyone wouldagree that justice scalia is most known as a catholic. he talks about it most, his friends say that he believes it is the one true church, he lives of the high mass, he likes the idea that everyone should observe all the holy days and say the rosary so he's quite a committed catholic and one of the hardest chapters read was about his catholicism an abortion because many of his critics believe that his views on catholicism influenced this abortion in the way i describe him as a parallel passion, a real passion for catholicism and a passion for the repudiation of roe vs. wade that made abortion legal nationwide and what he says is i read tax, i'm an original list of my catholic views and their personal views don't influence how i view will versus wade which he finds completely illegitimate and the assembly and has constitutional grounding. i let him have his say on that night talk about how important the fall season is but i let him say it is not something that influences my rulings. i l

and justice sotomayor will be later in the week. i wanted to ask you, from your observations so far, what do you make of her? guest: she is a very active justice. she's very engaged. she asks as many questions as anybody up there. with any justice, you're going to have a learning curve. she does not seem to be at all inhibited. you know, gets right in there. it's a little early to say for certain how she's going to come out from a philosophical standpoint, but so far the signs you see from questioning makes it seem like she'll fit in the liberal or liberal to moderate camp of the court. host: have you seen any opinions yet? guest: there was one written opinion. the word was workmanlike. it was not an especially interesting case. usually the first opinion they'll have a relatively noncontroversial opinion. hers was unanimous. you know, everything so far is very consistent with what people saw in the confirmation hearings. host: a call on our independent line. joe from baltimore for greg stohr. good morning. go ahead. caller: yeah, i'

we are taking up the confirmation hearings of judge sotomayor for supreme court and by and do on the floor. i want to thank you, mr. chairman, and ranking member cochran for having this is airing of this very important subject and think the witnesses for coming in. autism is a heartbreaking element. of the many issues we have to face, among the toughest is talking to parents who have children who suffer from autism. there is a question of doing more. senator a harkin and senator cochran and i have worked hard on funding for the national institutes of health. for a decade, we were able to raise funding from $12 million - $30 billion. regrettably, that is not enough. i know that funding for autism was slightly under $52 million in 2000 and up to 122 built -- million dollars now. the cdc spending has increased from a little over $1 million to a little over $22 million. we have been successful in getting into the stimulus package, a $10 million, as you doubtless know. it is my projection that some of that will be going to autism. these funding levels were set by nih in order to avoid pol

one other note in the case, during the argument, justice sotomayor's first argument, she questioned the notion. maybe we got off on the wrong track many years ago when we in essentially equated corporations to an individual. we are down that track and it is too late to go back. host: springfield, massachusetts. democrat line. caller: i have a question about the constitution. it is not exactly about a pending case but i have a particular case that -- well, i was arrested by the massachusetts state police and i was assaulted in the booking room of the police station. it was because i said something that the officer found insulting. they don't have to videotape the booking process. there is no chance of legal recourse. i have no evidence because it happened in the station. the fbi refused to investigate. i am wondering how i can take it to federal court and if there have been cases in the past and the courts similar to this? guest: elwell, i don't want to give legal advisor. but certainly based on what the caller said, there would be a federal claim under probably section 1983, that would

and justice sotomayor will be later in the week. i wanted to ask you, from your observations so far, what do you make of her? guest: she is a very active justice. she's very engaged. she asks as many questions as anybody up there. with any justice, you're going to have a learning curve. she does not seem to be at all inhibited. you know, gets right in there. it's a little early to say for certain how she's going to come out from a philosophical standpoint, but so far the signs you see from questioning makes it seem like she'll fit in the liberal or liberal to moderate camp of the court. host: have you seen any opinions yet? guest: there was one written opinion. the word was workmanlike. it was not an especially interesting case. usually the first opinion they'll have a relatively noncontroversial opinion. hers was unanimous. you know, everything so far is very consistent with what people saw in the confirmation hearings. host: a call on our independent line. joe from baltimore for greg stohr. good morning. go ahead. caller: yeah, i'

how would you it buys justice sotomayor about being in the justice? >> i have spoken to are a little bit. we will talk more about these two big junior justice duties before she actually has to take them on. i remember when justice breyer, who had been the junior justice for almost a record length of time, i think 11 years before i started, he took me aside and he sort of briefed me. but it took him awhile to adjust to not being the junior justice. and i remember very distinctly at the first conference, there was a knock at the door. and i was processing is. someone is knocking at the door. it is my job to get up and answer the door. and before i could even start to get out of the chair, just as briar was at his chair and headed for the door. and the chief justice had to say, steve, sit down, that is not your job anymore. i have not been in that role quite as long. but add that i will fill the same way. >> what about the supposed practice of a new justice writing his or her first opinion after it has been a unanimous decision on a particular case? >> i

and justice sotomayor will be later in the week. i wanted to ask you, from your observations so far, what do you make of her? guest: she is a very active justice. she's very engaged. she asks as many questions as anybody up there. with any justice, you're going to have a learning curve. she does not seem to be at all inhibited. you know, gets right in there. it's a little early to say for certain how she's going to come out from a philosophical standpoint, but so far the signs you see from questioning makes it seem like she'll fit in the liberal or liberal to moderate camp of the court. host: have you seen any opinions yet? guest: there was one written opinion. the word was workmanlike. it was not an especially interesting case. usually the first opinion they'll have a relatively noncontroversial opinion. hers was unanimous. you know, everything so far is very consistent with what people saw in the confirmation hearings. host: a call on our independent line. joe from baltimore for greg stohr. good morning. go ahead. caller: yeah, i'

sonia sotomayor ruled against them when she served on a federal appeals court.retary tim geithner to appear before them today and on the t.a.r.p. program drew a report came out in anticipation of this hearing, the headlines are the study of this effectiveness is what? guest: there is good news and bad news. the good news, and it is very good, is that t.a.r.p. in conjunction with other federal actions, action from the fed, the fdic, the stimulus, kept this economy from plunging over the cliff into what would likely have been a depression. that is a powerful impact. the bad news is that it was not the only purpose of t.a.r.p. it was not there just to save a handful of large institutions. if you read the statute, it is clear that congress intended that t.a.r.p. was going to get ahead of the mortgage foreclosure crisis, that it was going to restart lending, particularly to small businesses, which would have an impact on employment. and it was going to be used to clean up the balance sheet of the banks. did not happen, did not happen, did not happen. host: i know man

panelists discuss the nomination of sonia sotomayor. panelists include cnn legal analyst jeffrey tubin and "new york times" reporter adam liptak. america and the courts at 7:00 p.m. eastern here on c-span. house minority whip eric cantor discussed ideas for creating jobs at an event earlier this week. more about job characters now with horse minority leader john boehner, he and a group of economists spoke briefly in the capital. this is 10 minutes. >> good afternoon, everyone, my name is michael frank, i'm the vice president here for government relations and i want to welcome you to our event this afternoon. as the president hosts a forum to discuss job creation and as leading congressional democrats draw up plans for another stimulus bill which appears likely to include additional billions of dollars in new spending, the republican minority whip eric cantor thought it would be a good idea to consider what common sense steps the president and the congress could take to help grow the economy and create jobs without additional government

alito looks at the role of the junior justice which he recently handed over to justice sonia sotomayorrviews at 8:00 eastern on c-span. tonight, look at the best books of 2009. several news organizations have published their lists and we will look at books written by republican congressman ron paul and linda gordon beginning at 8:00 p.m. on c-span2. to view the best of list visit booktv.org. >> c-span thursday, tributes paid to u.s. and world leaders including the dalai lama, ted kennedy, ronald reagan, walter cronkite, colin powell and robert byrd. then a look at what is ahead for the new year. vladimir putin discusses his future from his annual call in program. and the global economy. the creator of the segway and co-founder of guitar hero on a entrepreneurship and the art of political cartooning. >> michele malcolm is our guest on booktv's index. the author of four books including the best selling culture of corruption, takes your calls. three hours with michele malcolm on booktv. part of a three day weekend starting friday. next, a discussion held earlier this month on recent devel

they are going to put more justices on the bench like sotomayor. they are going to make sure that they pass the most liberal anti-life aprils possible. and i'll tell you this much, sir, i'm going to do everything in my power to make sure we protect life without endangering the life of the mother. because we're pro-life in all stages when we're alive and the unborn. >> all right. well, let me ask you this. how competitive do you feel you are going to be? how much cash do you have? what are the polls says? >> polls are saying we're down by 4 points. and the incumbent is still under 50%. cash on hand, we're a little bit behind. i'm willing to admit that. that's why i need your support. i need you to max out to the $2400. >> all right. i'll tell you what, i'll think about it. i think i can put down a good $500 right now. but i'm going to need to see a little bit more conservative stance down the line. >> you can count on me to represent good republican values. as ronald reagan said, if you agree with me 80% of the time, you're not my enemy. >> fair eno

think of the future of this court-- which is have the first appointee of barack obama and sonia sotomayor who essentially succeeds another person overseeing liberal philosophy, david souter and the next person who will probably leave this justice john paul stevens probably to be succeeded by another liberal and it will be a wash, but he will have consistently five very strong conservatives, antonin scalia, samuel alitha, chief justice john roberts, clearance thomas and for the most part anthony kennedy. you have got a pretty core group for the average age right now is a decade younger than the average of the liberal so we will hear from barry now and then we will ask each other couple of questions and then i hope he will have some questions to. >> it is great to be here at the miami book fair. this will lived you if you don't have small children but i got to have my picture taken with my young daughters live, olivia the ped so it was a special moment. [laughter] i am thrilled to be here with john who has written a wonderful book about justice scalia. i stayed up too late to many evenings,

thomas, schoola, kennedy, thomas, and alito, and sonia sotomayor, and they all have different approaches to catholicism, but everybody would agree that justice scalia is most known as a catholic. he talks about it most. his friends say he believes it's the one true church. he likes the high mass. he likes the idea that everybody should observe all the holy days and say the rosary. so he is a committed catholic. so one of the chapters about his catholicism, and this views on abortion, and the way i described it is a parallel passion. a real passion for catholicism and passion for the repudiation of roe v. wade that made abortion legal, and he said, i read text. i'm an originalist. my catholic beliefs doesn't affect my thoughts roe v. wade, and i let him say, it is not something that influences my rulings, and i let critics such as the university of chicago's jeff stone counter that, and then readers can take away from that. but at it an historic time for catholics on the court, and he embodies the idea that catholicism can influence a person of the law. >> he says the fact that i'm a cath