jeff shesol, to you first.ow rare is it for a justice to speak out in the way that justice roberts did this week? >> it's extremely rare. you actually have to go all the way back to the 1930s in the middle of the court-packing fight with president roosevelt to find a chief justice, or really any justice, speaking out so strikingly against the other branches of government. in the middle of that court-packing fight, chief justice charles evans hughes actually not only took a couple of swipes at the president obliquely in a couple of speaks but he also wrote an open letter to the leader of the senate opposition in in the middle of the court packing fight. and in that letter took apart the president's proposal point by point by point. it had a devastating affect. and then he retreated into silence. and that's generally where most chief justices stay: in silence. so this was a real break from precedent. >> woodruff: tom goldstein, if it's a break from precedent, what about just to see this sort of a disagreement bet