"One of the things Senator Whitehouse and I agree on is he and others frequently ask nominees for the Supreme Court, do you think Brown v. Board of Education is settled law, and believe it or not, some nominees won't answer the question."
"Frankly, on occasion I've been troubled by some of the public advocacy of the American Bar Association on behalf of legal profession that, frankly, did not represent my views."
"To me, one of the most important aspects of the confirmation hearings is the opportunity to revisit first principles about our Government, separation of powers, freedom of speech."
"So you would--you would agree with me that judges should not be politicians."
"It's just a--it's a mode of analysis by the Court that allows the Court to substitute its opinion for the elected representatives of the people."
"According to our Constitution, courts hear cases and controversies and decide them, nothing more, nothing less."
"I think this is a teachable moment that will remind all of us about the wisdom of the founders who wrote a Constitution that made sure that our rights would be fixed and certain."
"And how do you--and how--because I believe the Court's legitimacy is very important."
"I know in times past, the ABA has appeared to be a, frankly, a partisan during some of the judicial confirmation proceedings that I participated in the past, and that's a cause for concern."
"Do you share my concern that when the Court takes on the role of identifying an enumerated right... that they will be vilified as unwilling to assent to this new orthodoxy?"
"I think the authority comes from we, the people. That's the source of the legitimacy of government."