i believe it's compelling to thomas, to aledo, to roberts.why people think roberts is going to expand the clause. >> people think roberts -- look, if the court is going that way, if it looks like it's going to be 5-4 with roberts decenting to uphold the law, then roberts will switch. roberts will go to the majority side. >> exactly. >> this is the other thing. when you say do they worry -- there is, again, it's all whispe whispers. it's criminology trying to understand the supreme court. citizens united isn't sitting well. didn't quite understand. didn't see the impact, political impact. the concern about a 5-4 versus a 6-3. a 5-4, no matter which side, they will polarize the country. they don't want to be a part of it. >> say you are wrong and it's overturned. what is the political impact? >> it's tough on the president. it calls into question -- it creates a competency argument that the republicans have been wanting to make. the constitutional law professor couldn't pass a law. look, i think they are lucking out that it's romney as their op