jeffry toobin is here to help clear this up. you heard the interview with nancy-ann deparle. any reaction to that? >> i think the party line and the obama administration is they expect to win. they may win and the courts may uphold the health care reform act. it's not a sure thing. the courts have changed. 20 years ago, there's no doubt a law like this would have been upheld. president reagan and the two president bushes appointed a lot of judges with conservative values. many of them regard expansion of federal power is unconstitution. that attitude, sometimes, goes up to the supreme court. >> correct me if i'm wrong. you mentioned party lines. has this been ideological, if you look at the two judges so far that found this constitutional and the one that found it unconstitutional, what is the ideology here? >> in the sad but true category, what we see in congress and the fights of the white house exist in the judiciary as well. as you point out, the two judges that upheld the law were clinton appointees. judge hudson struck it down and he was a george w. bush appointee. by a