was represent the board of regents of the university of fortunate, get hired by attorney general thurber baker. at the time that was before the supreme court's decisions in crocker and grass comes of university of georgia was implementing a point program for much like university of michigan was in its undergraduate institution. institution. both cases can't afford appealed at the same time. the michigan case got to be a supreme court. our case was settled before that time. >> if confirmed this ruling will be binding precedent over your court. what assurances can you give this committee that you will fall it in any other president, even if you may not personally agree with it? >> senator, as a district judge, and article iii judge, i am bound by the decisions of the united states supreme court and an issue of affirmative action, higher education, that would truly be the fisher case, the grass case, and any other decision that might be issued. ms. abrams i'm going to quote as often do judge scalia on living constitution theory, said quote, the risk of assessing evolving standards is that it's al