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Biden, then chairman, and myself, expressing concerns that one day the committee would get up on its hind legs and reject a nominee who refused to answer questions for that reason alone. so this is a unique hearing in that respect. the court regrettably i think has become an ideological battle growrntiond and the activism is on both sides. as a prosecutor in the 1960s, i watched the constitution change virtually daily, search and seizure map, 1961, right to counsel, giddon versus wanerieght, 1963, miranda, 1966 myrrh and yarks 1966, acti vich. we have the supreme court now having adopted a test of determining ....

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