terms even by extension and certainly he's not -- i don't know anybody who's on the history of the court who would label him an activist judge. >> so a couple things about that, it is really weird to say what we want is someone with experience litigating. i don't want you to be like thurgood marshall. he's one of the great litigators in american history. thurgood marshall was part of the civil rights revolution, something to which conservative republicans really think was activist by the warren court, even the burger court. they do object to that kind of law. thurgood marshall is an historic figure. elena kagan says she learned an awful lot from that position, she was exposed to the supreme court as a law clerk and having been there. it's not the end of the world but it's a legitimate part of the body of her qualifications, having clerked at the supreme court, been the dean, been the solicitor general, worked in the white house both as a lawyer and in the policy shop, it's really hard to make the case that this woman is unqualified. >> tom goldstein, thanks for your time tonight. >> thanks so much for having me. for more on the republicans