day in the louisiana case, the abortion case, several aspects demonstrate that was true, even the gundy case on the court deciding not to schedule a pre-argument that would allow him to cast a vote on that. i think next term is going to >> we can't figure out how this thing got there, two votes and you get justice thomas to 3, do you think that the court has revibed the rule of 3 that there are 3 colleagues, will cast the fourth vote to grant cert, and looked over the last decade it had gone away to dodo bird, has it come back? >> i don't know, john. it's possible. >> yeah, your guess is as good as mine on that one. >> is thist working? speak loud. >> okay. i was there when when he read opinion, don't worry, this guy will spend a lot of time in jail and judge o'rourke share the concern of expanding the reach of the federal criminal code and so on, alito was describing this case to me, look, a guy comes in, series holding shop owner to the throat and you're saying it's vague, he couldn't understand thehe wrong of what e was doing. this ground of thing that i a thought was so refined that