times by the senate on a narrow bipartisan vote, recently as last year. so this is something the white house hopes and believes she will get a fair confirmation and they believe they can attract at least some republicans to support her but kate, that of course is very much an open question. republicans are not necessarily attacking her credentials or experience. that's difficult to do. but just saying she simply is too liberal for the position but we should point out, she was a clerk for justice breyer, she's replacing justice breyer on the court if confirmed. this is not going to change the make-up of the court but heto t. >> joining me is cnn legal analyst jeffrey toobin.