3. He kept laughing about how the 9th Cir. is the most overruled circuit.
Being overruled by a conservative-leaning Supreme Court doesn't mean you're wrong -- it just means you're outvoted.
He and Jeffrey Toobin also suggested that the Reagan conservative court outlook is now the mainstream. Having a slim majority doesn't make conservatism mainstream -- particularly when the opposition is so strong.
Also, most people don't understand the ramifications of the Reagan legacy on the courts. It is very conservative -- actually quite out of the mainstream of American thought.
Moreover, the 55 Republican Senators represent actually represent a minority (numerically) of the population; the Democratic Senators actually represent more people.
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