governance because of course those justices are not elected. they're chosen by others who are elected. presidents of both parties have talked about the criteria for judges and for justices. i agree with president biden, we're long overdue to have an african-american woman on the supreme court, and it's appropriate that he put that issue as part of his platform before the american people, so i do think it's appropriate. >> so robert, let me ask you about this point about the filibuster, democrats, as dana was laying out, they only need 51 votes to confirm whomever biden chooses and this is because it used to be 60 votes. the whole point was to have someone on the judiciary, you want more consensus, you don't want someone on the far left or far right, you need the 60 votes. mitch mcconnell got rid of it for supreme nominees, for retaliation after democrats got rid of it for lower court nominees. this is what's happened across the judicial system. does this take away obviously