criminalights of defendants gideon versus , wainwright. he writes that, although he had laid at the table for that in 1942. that was versus brady. so the story in that chapter about how people down south come from a fundamentalist tradition. they read their bible and they care about it and they teach it on sunday school. it is not a completely different vision from clarence thomas, also from the deep south. a tradition of taking the text very seriously and paying attention to history and original intent. treating it as american scripture in a way. maybe not very sophisticated or highfalutin, but very deeply felt by an american patriot from black.thland, hugo i am in that tradition. the folks at harvard mark that. they think they are a little more sophisticated. but hugo black understood what lincoln was trying to do command , and he understood having grown up in the south that we were not living up to the promises that were put into the constitution. in the southland, he really felt the failure of the reconstruction vision and did more to

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like brown versus board education that ended racial segregation in schools, cases like gideon versus wainwright which ensures that all are entitled to couns counsel. cases that decided it's the law of our land that loving couples can affirm their commitment in marriage whether they are of opposite or same-sex. there are other signature cases like judge scott that have left stains on our history that outlasted the service of any one justice. since justice scalia passed away february 2016, i have reflected on the importance of verse up in court and the senate's responsibility to evaluate the president's nominee to fulfill the vacancy. just over 25 years ago, i was myself a law student intern on the senate judiciary committee nomination unit for chairman joe biden. at that time, i heard from long serving senators, a record of grievances of misunderstandings of wrongs committed one party against another, and a variety of confirmations and hearings in the bush and reagan administrations and before. i am struck that half of the committee serving here today hasn't previously participated in any suprem

let's look at giddy and wainwright. it was decided unanimously, a long time ago, 50 years or more. it says a criminal defendant has a right to an appointed attorney if he can't afford one. everyone who watches cop tv shows know this -- this law. does that make a difference? can you tell me if you agree with the principle of giddy? is it the same answer? the same reason? >> mr. chairman, it certainly is a seminole decision of the united states supreme court, no doubt about it. it is a very old decision of the supreme court now. it has been reaffirmed many times. there is a lot of reliance interest built around it, so i could talk to you about the factors that a good judge considers in analyzing precedent. and the weight due a precedent, but i'm not in a position to tell you whether i personally like or dislike any precedent. that's not relevant to my job. gideon is a seminole precedent of the united states supreme court and deserves respect on that basis. precedent is kind of like our shared family history as judges. it deserves our respect because it represents our collective wisdo

wainwright and lawrence v. texas and new york times v. sullivan if they're not bill of rights cases? what cases are they? they're 14th amendment cases. no state or localities which are part of the localities. that's the second founding, a second bill of rights, the one that actually is more intuitive for most americans today because states misbehave because madison lost when he tried to get that original 14th amendment passed saying in state shall violate fundamental rights, but the senate didn't go along, so he lost that fight, but he wins in the end thanks to the. 14th amendment. and, you know, it's utterly apt that we give madison the credit for the final 14th amendment, but it's also a little bit ironic because all of this is precipitated, this 14th amendment, by the abuse of power and, alas, madison and jefferson were charter members of that slaveocracy. they founded a political party whose base was basically a southern base that benefited hugely in the electoral college and elsewhere from the presence of a slavery. because of the th