i think don borelli expressed his arguments quite clearly.beral justices said you have to focus on the words of the staut yut. and if you look at the words of the statute, they clearly suggest that by the state, the controversial phrase refers to by the state to a previous part of the bill and that previous part is clearly includes both the state exchange and the federal exchange. i think there was some pretty hostile questioning right away of the plaintiffs and the claim there. i would say that justice kagan made a very interesting analogy. she said, if i asked one of my clerks to write a brief and then i ask another one to edit the brief and then i ask a third, well, if the first person can't write it doesn't have enough time, you step in and write it what is the editor supposed to do if that person steps in and writes it? the clear point is you're supposed to go in and actually edit that brief. and that is the kind of case we have here. i think that analogy clearly made it in the court. >> there's been a lot written about this and about th

we want to talk now with don borelli, msnbc contributor, previously a special agent in charge of therly in charge of safety at u.s. airways and is an msnbc aviation analyst. don, let me start with you first. we have this latest clarification from the fbi saying it offered its assistance to the french government. france did not request any assistance, nor has it officially accepted. however, we have the confirmation now and the newest name to add to the three americans lost robert oliver. so will the fbi be able to f-- if the french are saying hold off, we don't want your help right now, will we be an asset to them in the coming weeks? >> they could be. obviously the french have a lot on their hands. they're trying to figure out, number one, what was the motive of this co-pilot taking this plane into a deliberate crash? you have a mass murder, suicide. it will be a mavttter of trying to put those pieces together put together a timeline especially those days and weeks leading up to this crash to try to figure out the motive. the fbi always stands ready to help our partners in gathering