>> what do you think that an electorate created a court that you liked better. >> it means you would have the same appointments the same confirmation but every eight years the people would have an up or down vote -- >> what if they bounced out alito and thomas and we had a president obama in the white house? >> well i can tell you that 20 states put in place judicial retention elections. and they have worked. the people have used them sparingly, but the alternative, who in their right mind would design a system where every major public policy decision of the day is decided not by the people not by the constitution not by elected representatives, but by nine elite lawyers in washington, d.c. as justice scalia learned, all nine of them they either graduated from harvard or yale,