i'm ken doyle. i wanted to ask if panelists agree that the decision in the case is likely to be another 5-4 decision as most of them are in this area. and with justice kennedy as the likely swing vote. is there any way to tell where justice kennedy will come down from the argument? >> justice scalia said we only need five votes. >> early in the argument, justice kennedy was testing the petitioner on hypotheticals that had to do with how mass is mass? and how direct is direct? and is -- one on one, that's okay. how about two on one. if there's three people in a room, does that count? and he ended up by saying, well, then, we're off to the races, aren't we? by which he meant we're going to get a, quite a pattern of -- i took heart from that and so did jim bob. i don't know what to tell from it. i think he -- i took it to mean that he recognized the great difficulty of having opinions kind of work out -- how about -- maybe not inside the courthouse on the steps, how far away from the courthouse does it