from the episcopal church because they didn't like some of the positions of the episcopal church. he is not an ivy league graduate, he went to michigan law school. he was in private practice. nominated by george w. bush and confirmed by voice vote. he co-wrote a book with an army veteran on the importance of solitude and thinking for leaders. >> interesting that it was a voice vote. so he was not controversial or they would have demanded a roll call vote at the time. >> right. >> of course there's a different test, a different standard. they're all lifetime appointments, but a different standard certainly for elevation to the supreme court. >> for the simple reason that the appeals court judges follow supreme court precedent and supreme court justices set it. >> and harry, as someone experienced as a prosecutor and as a justice department official, what are the stakes here, given the politics of it, they've got the numbers. so if it's party line or if they