he is leaving, long-time member of this panel of the judiciary committee. this will presumably be the last time that he is involved in confirmation hearings, and we wanted to take a listen. >> since 1996 on congruence and proportionate ality, an impossible standard to accept as justice scalia described as a flabby test whichnabled judicial legislation. we have had had nominees who the sat where you sit not too long ago, who said they would the not jolt the system, and then agrieved the system. assured this panel that the legislative finding of facts is not a judicial function, and then turned that on its head in citizens' united on a record that is 100,000 pages long, and