and justice kennedy got the nod and he was a pretty conservative guy. and they looked at all of his writings and they were concerned about his -- some footnote that he wrote about respect for privacy, but they decided to overlook it and there were people in the administration later who didn't like the fact that they had overlooked it. i mean, they thought that was a bad thing. >> and just -- i would add two things to that. number one, remember that justice kennedy we talk about today is not the one that came onto the court back in 1988. secondly, you had this sort of more moderate push. once bork got shot down, the next nominee was conservative. >> the democrats controlled the senate. >> it's not like you go from conservative to more moderate. they're all pretty mainstream conservative.