let's talk to andre nepal tano. should we worry? >> you should worry. i would worried with either of them appointing a supreme justice but i worry far more with president obama replacing retiring justices. let's say custtis ginsburg who is not well who is a serious liberal who is up there in years -- >> we have four justices in their 70s ginsburg and briar 79 and 74 both liberal judges. >> the justice will sit there another 10 years if nature permits it. if president obama replaces ginsburg it will be a person with like mind but they are 40 years his junior. it is a unwell senior citizen for a young aggressive coalition building youngster. that is what you are going to get. you will get someone like justice sotomayor or keg began who plans to sit there another 30 or 40 years. >> 30 years is the norm now. when it was created most were past the average age of death. >> as you know they serve for life. they have taken their terms so far as they can control this during the presidency of a party that pinted them. to the extent this is a free choice they will