what do you make of how that decision, and you clerked for antonin scalia and he's on the wrong side, as far as i'm concerned, of that vote, but how do you think they affect it? >> i think that -- no doubt it makes it worse. i think the particulars, whether citizens united should have been aloud to spend its money, this particulars were fine. of course they should have. but the decision makes it sound like congress has no power to address the kind of corruption i'm talking about. you're right. what it means is an explosion in independent expenditures. the supreme court thought that those would be disclosed. it took a commeed can, colbert, to demonstrate on his show about how there's a huge fwp in regulations allowing most of it to be anonymous. it makes it much, much worse. i think it's a mistake to think that if we could just reverse citizens united, we would solve the problem. on january 20, 20 10, the day for citizens united was decided, this democracy was already broken. we've got to have a reform project, which is about much more than correcting the mistakes of the supreme court.

maybe he would not have picked five antonin scalia's. what we have preferred? >> it's an excellent question. on your first about the remark is said to have made about brennan warren, it is difficult to find the actual source of that remark. what is quite clear as he was disappointed in both brennan and one. he said that in different ways over the years. his preface for picking justices was surprisingly casual by today standards. he delegated the responsibly largely to brunell as long as brunell was there and i think we are lucky that he did. brunell was an exceptionally good choice of justices and judges and i do think some of that is part of ike's military tradition of deference to subordinates and he had great trust in brownell. and you know, he was as i say somewhat casual about the process. in 1956 when he went to choose, when he chose william brennan he was in the middle of his re-election campaign. he fared well with almost every demographic in 1952 but he asked brownell and naked political terms to find a moderate democrat who was a catholic ideally some

we have antonin scalia, in a it because you don't have sexual relations of what he doesn't approve. so, my conservative friends have it backwards. i want there to be regulations so you don't have the kind of manipulation in the financial area that leads to crises. twient be able to clean up the environment. on the other hand as i said, there are overreaches by the conservatives. by the way, they include militarily. i think we have a wonderful military, filled of enabled young people. they can stop bad things from happening. they're not good at making good things happen in foreign society. they want us to rebuilding other societies where we're not really good at it. yes, we should have more government where we need in an interactive way to protect ourselves against abuszs. but there should be more personal choices. yes, i want more government involved in economic regulation and environmental cleanup and public safety. i want less government what choices to make as an individual. >> you heard both sides open up with their premise. let me ask you, robert, about the distrust and the fea

. >> what is he, antonin scalia, original intent? that veteran is with us tonight, and he says that exchange has convinced him that romney won't be getting his vote. >>> plus, leaving iraq. after nearly nine years american troops will be pulling out of iraq in a number of trays. republicans talk about how we cut and run, but the truth is very different. our reality check tonight on the huge american watch we're keeping on iraq. >>> and let me finish tonight with the joys of traveling this country. i've just gotten home after six weeks of traveling and sharing an heroic story. >>> we begin with a new nbc news/"wall street journal" poll, and our resident brain trust, cynthia tucker, is a pulitzer prize winner and syndicated columnist and visiting professor at the university of gentleman and the visiting people, peter is with us from "newsweek" and "the daily beast. there's newt. "the audacity of newt." what a the new nbc/"wall street journal" poll shows among republican primary voters, gingrich beats romney overwhelmingly. look at thes

we have antonin scalia, in a snit, because you don't have sexual relations of what he approves. so, my conservative friends have it backwards. i want there to be regulations so you just don't have the kind of manipulation in the financial area that leads to crises. i want to be able to clean up the environment. not matter how rich you are, you can't get your own air to breathe. on the other hand as i said, there are overreaches by the conservatives. by the way, they include militarily. i think we have a wonderful military, filled of enabled young people. very well equipped. they can stop bad things from happening. they're not really good at making good things happen in foreign society. my conservative friends want us to rebuilding other societies where we're not really good at it. so the answer is, yes, we should have more government where we need in an interactive way to protect ourselves against abuses. but there should be more personal choices. so that's the current situation. so my answer is, yes, i want more government involved in economic regulation and environmental clean

. >> what is he, antonin scalia, original intent? that veteran is with us tonight and he says that exchange has convinced him that romney won't be getting his vote. >>> republicans talk about how we cut and run, but the truth is very different. our reality check tonight on the huge american watch we're keeping on iraq. >>> and let me finish tonight with the joys of traveling this country. i've just gotten home after six weeks of traveling and sharing an heroic story. >>> we begin with a new nbc news/"wall street journal" poll, and cynthia tucker is a syndicated columnist and visiting professor at the university of georgia. and peter is with us from "newsweek" and the daily beast. "the audacity of newt." the new nbc/"wall street journal" poll shows among republican primary voters, gingrich beats romney overwhelmingly. look at these numbers, 40 to 23, almost two to one. but gingrich doesn't do so well in the presidential character category. among all voters, which is important eventually, 39% said president obama has the right set of p

i would put antonin scalia at the top of the list. i would also include clarence thomas and john roberts and alito. they are all marvelous. it could be easy topy any one of them. >> one of the reasons i'm optimistic about the future of this country is because we have rule of law. let's face it. one of the great things that this country has that very few other countries have. so judiciary is critically important. it's also important to note that governors actually some experience appointing judges. you got to make the hard decisions. as i reflect on those today serve i'll say justice roberts and justice alito fit the bill nicely. >> megyn: thank you, all. >> bret: valueian value -- a vat effort. >> megyn: i tried. >> bret: coming up, the threat from iran and other foreign policy hot spots. up-and-down oil prices. border issues. controversial social issues. stay with us. remember, tweet @bretbaier with a question or followup. we'll be right back. >> announcer: if you think identity theft is scary, just wait till you try to fix it. >> 58

antonin scalia, william rehnquist head of that division, office of legal counsel. they honestly felt, jamie the fifth circuit was right. the reality it is not a viable position to say sporting events or contests meant all gambling. if they wanted it to be that, they would have written sporting events or sporting contests. office of legal counsel agreed. there may be some sort of backstory and other aspects but that is my legal analysis. >> other quick thing, jamie, also there is internet there is federal law which regulates internet gambling. the unlawful internet gambling act. as a result of that another reason for the states not so soon. even if i was born a gambling man, you like that right, jamie i, i would pause for the moment ultimately and see what happens here. >> what about those gamblers out there that say this is bonanza for them? now we're not limited to poker, we can do everything. do you think that they would be willing maybe to pay a little extra since the states will probably put sales tax, who knows what extra charges could come with this? nothing

i would put antonin scalia at the top of the list. i would also include clarence thomas and john roberts and alito. they are all marvelous. it could be easy topy any one of them. >> one of the reasons i'm optimistic about the future of this country is because we have rule of law. let's face it. one of the great things that this country has that very few other countries have. so judiciary is critically important. it's also important to note that governors actually some experience appointing judges. you got to make the hard decisions. as i reflect on those today serve i'll say justice roberts and justice alito fit the bill nicely. >> megyn: thank you, all. >> bret: valueian value -- a vat effort. >> megyn: i tried. >> bret: coming up, the threat from iran and other foreign policy hot spots. up-and-down oil prices. border issues. controversial social issues. stay with us. remember, tweet @bretbaier with a question or followup. we'll be right back. this is an rc robotic claw. my high school science teacher made me what i am today. our sci

c-span: you talk about sitting on the bench next to you as you say, need no, antonin scalia and there was one point where i don't know whether i can get my notes are not, where, here it is. he leaned over to you in the middle of an argument and said, must be defendant day. defendant day. how often did you whisper those words to each other? >> guest: he is a delightful guy. a wonderful sense of humor and you know he is very very brilliant so he comes up with this on very short notice and on more than one occasion when i was very happy to be the anna fisher a of one or more of his remarks. i can't overstate how clever a person he is. c-span: who here is your fifth chief justice, john roberts. >> justice brandeis once said he could do a 12 months worth of work at the court in 10 months. but he couldn't do it in 12 months. it is good that we get something of a break from each other. we have work that we continue to do. we continue to pour through 9000 petitions that come in. you can't put those off to the fall. yet to keep up with us. we get emergency matters from time to time but we do g