now, but the kennedy administration in 1962, they decided to basically neutralize laos and negotiate about it. and this gave the north vietnamese hope that they could convince the u.s. to withdraw their support from south vietnam. now, in december of 1963, excuse me, in late 1963, this gentleman here will be killed in a coup. and this -- when this happens, this is very helpful to the north vietnamese. they look at this now as being a great opportunity because there's a power vacuum that emerges in south vietnam. and the north now decides that really military effort probably would be their primary tool that could be used for taking over south vietnam. now, to do this, to fight this war, of course, they can't do it on their own. particularly the military resources they need to do it. that north vietnamese do not have the ability to produce them. and so again, we talked about in the beginning how there's a coalitional aspect to the struggle. here's where it comes in, the aid from china and soviet union. the communist regime in china is particularly helpful. and ho made a good effort to

the kennedy administration replied with some fairly -- in some respects a fairly successful method. again, there's some arguing about this. they replied primarily with a strategic hamlet program. this was an effort to consolidate populations in rural areas of vietnam and in some areas it's successful, some it isn't. it's not managed as well as it could. this is important for our purposes, that this frightens the north vietnamese. they see this is becoming successful at separating the population from the guerrillas and they disliked this a lot. the other counter insurgency things that the ken dri administration and the other administration's are doing, these are things that worry the north vietnamese immensely. now they also worry that as american involvement is increasing, that they're going to get a war with the u.s. just like they got with the french. but the kennedy administration in 1962, they decided to basically neutralize laos and negotiate about it. this gave the north vietnamese hope that they could withdraw their support for south vietnam. in december of 1963 -- excuse me,

find actually if you if you go back and look during the eisenhower administration during the kennedy administration during the johnson nixon administrations and each other during that period time basically right up until the next administration the total of federal income total receipt of tax dollars about thirty five percent of it was a kind of for about corporate taxes now it's about eight percent between eight eleven percent and here we go because the recession and you know this is just corporations gone you know just leisure's and there's an incentive obviously to get it back to a point i was a corporation to rely on or generalize revenue from corporations providing tax revenue by actually welcoming companies back into the united states by virtue of a lower tax rate that is accommodating to those companies doing below what and what you're talking about is saying to apple that's. hundreds of billions or you know it's not hundreds of billions it's worth forty two billion fifty four billion something like that in offshore money yeah bring that money back on a we'll give you a tax holiday whereas i

magnum wi--wi--photographers were doing a book on the first 100 days of the kennedy administration. simultaneously, nelson rockefeller began tooling up to campaign against kennedy for president in '64. and his public relations people advised him to go out in the streets of albany and cam--and do a little talking to voters. so elliot erwitt of magnum got the assignment to go up there and shoot this, and he noticed this little--elliot is big on dogs, and when i saw the contact sheet, i saw those three pictures and i just howled and i--i made up prints, took 'em to salinger who, indeed--he jumped up from his desk, came back five minutes later and said, 'i just gave the boss the biggest laugh he's had since we came here.' c-span: where's this? >> guest: well, that's jackie kennedy wheeling john john in the white house grounds at that same time. and down below is fidel castro standing on--at the bay of pigs looking defiant. that picture of castro was taken after the unsuccessful bay of pigs invasion. he was triumphant, of course, and he returned to the scene with a few people from the pre

perhaps stunned by the speed of the decision webb greeted reporters as kennedy's nominee for nasa administrator. as soon as he was able to get to the phone, webb called his wife with the news. the radio was on, she told him, and she had just heard the announcement. 10 days as president behind him, kennedy delivered his state of the unio opportunity to separate himself from the previous administration, to take bold strides and plane new learned ik and a half was staggering, the president admitted. there was reasons for the conce the economy, defense and exploration of outerspace neede. while the united states was leaving the soviets ientific rer system, the russians were ahead in building powerful rockets capable of hoisting a man into orbit. to those who were listening rebout the space program did not arouse much enthusiasm. leading the world in scientific research was not half as thrilling as being poised to launch a man into orbit. it was a little like saying the united states was ahead in chalkboard equations while the soviets were practically counting down to blast off. remember the first a

>> well, it's always been, because i remember in the kennedy administration, i was just going to schoolnd i had a project of doing a survey on the district on this very issue, and this is what back in the '60s. and what we found was that a man can make $20,000 a year living next door to a man making $100,000 a year, and this was in columbia -- what is now called columbia heights, 14th street, around pot road and all. >> sure. >> but there was this roller coaster of incomes within one neighborhood. >> but that's not the case now because we've got this thing called gentrification that is taking over a lot of the poorer cities. and you know what's ironic? those with lower income are leaving the city. >> they're leaving the city? >> and going out into -- >> into the other suburbs -- [ everyone talking at once ] >> i kind of made that point to begin with -- >> or being forced into the suburbs. as i mentioned before -- >> we've got just a minute left. >> sure. >> just want to touch on the investigation regarding city officials in d.c. the mayor, again, coming down today, sticking by his story

stunned by the sheer speed of the decision, webb greeted reporters as president kennedy's nominee for nasa administrator. as soon as he was able to get to the phones, webb called his wife with the news. the radio was on, she told him, and she had just heard the announcement. that evening, with only 10 days at president behind him, kennedy delivered his state of the union address. it was the young president's opportunity to straight himself from the previous administration -- or to separate himself from the previous administration, to take bold new strides and claim new ground. what he learned in the last week and a half was staggering, the president admitted, and there were reasons for the nation to be both optimistic and concerned. the economy, defense, even the exploration of outer space, needed aggressive action, he declared. while the united states was leaving the soviets in scientific research of the solar system, kennedy said, the russians were ahead in building powerful rockets capable of hoisting a man into orbit. to those who were listening carefully, kennedy's news about the space program did

i have known him since we both worked in the kennedy administration in 1962. we didn't always agree, but he said something very important. we have a long term problem. that's my -- long-term problem. that's my view. we need a long-term solution. we can't solve our problems by printing a little more money today or having a bigger deficit tomorrow. what we're going to -- what we need to do and what i would want to do is to say we have a long-term problem. in fact, a number of them. so let's find some long-term solutions. let's say, how the central question is, how do we get back to a long-term growth path for the american people that has low inflation? that's what we want to do and we want to develop systematic stabilizing policies over a long period of time. does the federal reserve do that? no. does the congress do that? no. does the administration do that? no. do they even think about it? no. that's the worst part. you know, just to finish this, i read more federal reserve minutes than any human being ought to read. [laughter] you never see a sentence which s

kennedy. instead, the administration is hoping to woo justice antonin scalia using a 2005 opinion in their briefscalia wrote under the commerce clause congress had the power to regulate someone who wanted to grow medicinal marijuana in her home and sell it. government hopes that will bolster the arguemen arguement e commerce cause gives congress the authority to require every american carry health insurance or pay a penalty. >> even if scalia is skeptical of the merits of the healthcare reform law, it will be very hard for him to get away from his own writings on this issue that do support the government. >> reporter: there are plenty of skeptics who doubt that any of the justices considered to be member of the court's so-called conservative wing. justice alito, scalia and thomas, and john roberts will uphold the individual mandate. >> no matter how the administration tries to characterize it this, at the end of the day, you are talking about one of the most sweeping expense of federal power in their history. that is something they have to defend. >> reporter: justice kennedy, he, too, offered o

kennedy, this administration has shown a particular affinity for artists, musici musicians, writers anduse you and your husband feel that way, or do you think that there is a relationship between the government and the arts? >> that is so complicated. i don't know. i just think that everything in the white house should be the best. the gruffy voice, and the mad man suit, and this is hardly a example of a woman exercising political power, but don't be fooled. this is not a glorified housewife showing off the decorations. as part of the restoration effort, jackie kennedy worked to restore the property of the white house, and her tour was distributed to 106 countries as a coordinated propaganda effort. you see in the heat of the cold war, making sure that everything at the white house was the best was actually an act of politics. even if you whispered while you did it. in the election year, even push-ups can be politics. >>> coming up, our first lay disor ldi -- ladies or ladies first? [ donovan ] i hit a wall. and i thought "i can't do this, it's just too hard." then there was a moment. w

kennedy. you said look the government, the obama administration had a very tough date today. the mandate is not looking like it's going to be upheld essential leave. at the very end kennedy seemed to throw out some doubt by suggesting that even though he had major doubts about the constitutionality of this mandate, maybe the insurance market, the health insurance market is so unique that in this case it would be justified. how much of a window did he open up there? >> i think he us seriously thinking about it. the justice asked a lot of questions, i think more than usual in this case. they were more serious yes, si questions, really probing questions. the last one said look what if i agree with you and i probably do that with the core of this case that it is highly unusual and we haven't made people purchase things before. the whole thing is to get uninsured who are young and healthy to subjec subsidize other people. even if i agree with that they might be close enough to the insurance market to justifies this special case. i don't think he was throwing anybody a bone or tryin

agree in oral arguments today justice anthony kennedy who many regard as the pivotal swing vote on the court seemed to be skeptical of the obama administration's arguments in defense of the individual mandate kennedy told solicitor general donald verrilli the man arguing the case on behalf of the obama administration that the government has quote a heavy burden of justification in this case sir we've seen what skeptics such as myself thought would happen and that is that the five right wing justices on the high court would put politics ahead of the best interest of the nation in jeopardize health insurance access for tens of millions of americans. joining me now to discuss this is richard fowler democratic strategist and john mccain well he and a defense attorney and a libertarian richard john both in the show thanks for having me sam and john let's start with you so it looks like. there's a likelihood that the individual mandate might get struck down based on the reports that are coming out today there are something like fifty three million americans who don't have health insurance and if you're not going to give them subsidies to go get heal

brown university, earned a law degree from harvard law school and a master of public administration from john f kennedyschool of government. after we hear from him we will hear from john, a human rights activest. he is cofounder of the enough project, an initiative to end genocide and crimes against humanity. he has worked for the clinton white house, the state department, two members of congress and many other organizations promoting peace and human rights. he has been a big brother as well as a youth counselor and basketball coach and a co author of ten books. he coauthored unlikely brothers which with his first little brother in the big brothers program, michael madx. he is the coauthor of the unlikely brothers. he emerged from living in a homeless shelter as a child, dealing drugs as a teenager and then becoming a husband and father of five boys often working two jobs at once in order to support his family. he helps coach his sons on their football teams. we will hear from doctor catherine gallagher, the director of the college for policy at george mason university where she is the associate profes

administration. they really need kennedy. and kennedy's questions seemed quite skeptical if not hostile. he really hit all the themes that were coming out of the briefs challenging the law and he really did not get an answer to those questions by the solicitor general. >> reading what i was able to read on this today it seemed as if the solicitor general did not have a good day at least in terms of the arm chair quarterbacks. was he ineffective in fact, there were several assessments that the liberal leaning justices almost took the case out of his hands and began arguing for him. >> i have to say i feel very sympathetic for him. i've been in appellate argument and there's few arguments that have this much pressure. you have to be built of titanium not to be a bit flustered. the justice did seem to come to his aid and more clear in their answers. i think that the problem with the performance by the solicitor general is a problem that the justice department as a whole has had. the justice department has not covered itself in glory in this litigation. they changed their position on a numbe

swing vote on health care tip his hand on health care in what was a shock to the obama administration justice kennedy saying the government has and i quote, "a heavy burden of justification to show where the constitution the authorizes congress to change the relation of individuals to the government." in english, not so fast on this mandatory coverage thing. and these two tea partyers maybe justice not so ambiguous. with me from outside the supreme court, my guests. did justice kennedy say this mandate is a mess? >>guest: he said he is going down the right path. you do not just get the white house and the congress when day and decide you will rearrange the relationship between the american people and their government. this is 200 years plus in the making you do not one day decide because you are smarter and better than anyone to change and i appreciate what the justice are tag about right way to of my. we hope we take it law and shoot down this law. >>neil: i have heard from a lot of lawyer whose say never try to glean too much, but, anna, from what you heard from justice kennedy and the others, by t

justice kennedy seemed skeptical of the obama administration's case. our tradition has been if you don't have the duty to arrest someone and if that person is in danger, the blind man walking in front of a car and you don't have the duty to stop. >> strong protests carried on outside. >> if the supreme court upholds the man don't this gives the government the ability to tell you to do anything,. i support it. i am a woman with a pre-existing condition, so this means a lot to me personally. >> lawyers for the obama administration argued the mandate is the only way to finance something everyone needs of some point in their life. but a party said that congress cannot force anyone to buy something. lawyers for the obama administration argued that if the mandate is struck down, the rest of the law should stand. lawyers for the opposing sides said that the mandated struck down, the rest of the law should go as well. this will be all up to a the nine justices. we don't expect to hear anything until the summer from them. reporting from the supreme court, jummy

. >> randall kennedy on racism, politics and the obama administration. the rhodes scholar is the author of five books and will take your calls e-mails and tweets for three hours live on "in-depth" live on c-span2. >>> energy secretary steven chu testified earlier this week before the committee on energy and water development. topics included the president's decision to hold on on the nuclear waste storage facility, energy research projects. if passed the president's budget plan would eliminate $4 billion in annual tax incentives for oil and gas companies. this is about an hour and a half. >>> good afternoon, everybody. i'd like to call this hearing to order. secretary chu, i'd like to welcome you back once again to the subcommittee. i understand through the grapevine that today's your birthday. is that correct? and that it's also your wedding anniversary. >> what's he doing here? >> we appreciate your being here, of course, and you're here today to present the administration's fiscal year 2013 budget request for your department. your request totals $27.2

>> i wouldn't go a that far kennedy is still in play, although i think the administration lost an opportunity in these arguments to give him a viable way to limit a ruling, to make it more appealing to him so that federal federalism itself did not appear to be on the chopping block. they lost that opportunity but they can come up with that type of limiting principle. if you take the comments as a whole, they seem to suggest that he is lean together right of the court. and that would be deadly for the individual mandate. on the issue of severability kennedy is very much on play. he did not indicate that he would kill the entire bill. part of this is due to a mistake by the administration and the democrats. they chose not to put a severe ability clause into the bill. when i looked at this bill before it was passed i asked about that. it was a very noticeable decision. and it seemed to be a game of chicken that they were playing that they wanted to give these judges the sticker shock if you take down the individual mandate, the entire act will be torched. well, you know, the problem is that a ga

. >> sunday harvard law professor and former law cook randall kennedy on racism, politics and the obama administration the scholar is the author of five books and he'll take your calls e maims and tweets for three hours live on c-span 2. >> now, a national governor's association forum on how states can create an entrepreneurial environment for small businesses and economic growth. speakers include amy wilkinson, a senior fellow at the harvard kennedy school of government and jeff weed man, procter & gamble vice president. this is about an hour and 20 minutes. >> welcome, everybody, my name is sam brownback i'm chair of the committee on economic growth, delighted to have all the governors here and other participants as well. this is going to be an outstanding forum and discussion for what we need to do to create growth and jobs in our state. governor nixon and i are leading this. i have to draw attention to how incredible this moment is for the two us, if you'll pardon the regional rivalry. today in one hour, the last game between ku and mu will take place. this is a border rivalry that goes back 107 y

this month harvard law professor randall kennedy spoke about race, politics and the obama administration. watch it online at the c-span video library with over a quarter century of american politics and public affairs on your computer. >> senator johnny isakson of georgia is one of a number of lawmakers to speak before the israel public affairs conference held in washington, d.c. we'll watch his remarks until washington today live in about 8 minutes eastern. >> thank you very much. ann davis and her husband jay and steve and melinda worthheem are my dear friends from georgia and members of aipac who did a great job of educating members of congress about the miracle israel. i had the privilegend s first h miracle that is that great country. i stood on the last israeli outpost overluoling gaza. i saw how close it is to syria and lebanon and what a close neighborhood it is. that's why i believe that any nation like iran, the islamic fundamentalist republic of iran when it declares the destruction of israel, it forfeits any right for any consideration to possess any material that could carry

anthony kennedy asked very tough questions of the administrator's lawyers today. that might mean that a bare majority of five justices do not find the mandate of the president's to be constitutional. meanwhile, mitt romney keeps running away, away from his signature achievement as massachusetts governor. health care reform and the individual mandate. tonight we've got the m.i.t. professor who advised both president obama and mitt romney on health care, and he said, professor, they're the same bleeping bill. talk about stepping on your own message again. romney tried to take over the open mic moment but made a more damaging statement himself. that the russians are our number one the geopolitical faux. can you cool it with the evil empire talk, governor? and the latest information on the trayvon martin case. let's get everything we can tonight on the table. finally, let me finish tonight with mitt romney's declaration of hostility toward modern russia. we begin with day two at the supreme court. what a day. justice correspondent pete williams, was this a bad day at

justice kennedy seemed skeptical of the obama administration oppose the case. >> are locked in the law of torts has been if you don'tyou don't have the duty to arrest someone did that person is in danger. >> strong protests carried on outside. if the supreme court upholds the man dopemandate, this paves the way for the government to be a will tell you to do everything. >> i am a woman with a pre- existing condition, so this means a lot to me personally. >> lawyers for the obama administration argued that the mandate is the only way to finance something everyone needs at some point in their life. but attorneys for the 26 states that filed the suit argued congress cannot force anyone to buy something. this will be the last day that the justices hear arguments by miticide. they are expected to make a decision on this matter sometime this summer. reporting live at the supreme court, jummy olabanji, abc 7. >> time is running out for mitt romney's rivals. at least one candidate is scaling back its campaign. newt gingrich will make your public appearances and layoffs one-third of his staff as

this month, harvard law professor randall kennedy spoke of race, politics and the obama administration. watch it online at the c-span video library. with over a quarter century of american politics and public affairs on your computer. >>> eight current and form earn members of the u.s. military who allege they were raped, assaulted or harassed during their service have filed a lawsuit accusing the military of tolerating sexual predators and discouraging victims from coming forward. from the national press club, this is a little less than an hour. >> good morning, everyone. my name is susan burke. i very much appreciate your interest and i appreciate you being here. today, we have filed a lawsuit in federal district court in the district of washington, d.c. it's civil action number 12-0350. the lawsuit is on behalf of eight survivors of rape, sexual assault and severe sexual harassment. retaliation is common place in the military. despite giving lip service to having zero tolerance for sexual predators, the facts show that the military has zero tolerance for those brave enough to report

same thing with the whole idea of kennedy, here we have the obama administration forcing its will onof faith in america. the left wants to talk about separation of church and state unless it's the state forcing itself on the church. that is how i talked about how kennedy was in some respects part of that. we are out here talking about the issues that are important for this country. yes, i do get fired up. stomachs i say things that are strong. people out here are upset. they know this country is in trouble and they want somebody to fight against obama and has the record to take him on. >> sean: let me ask you this. i think our focus group was revealing tonight. i don't think you were able to see it but when asked what they want the nominee to fight against obama about, the answer was the economy. jobs. all of these things that we keep talking about. it seems that the media and your opponents to some degree want to create a narrative that you are a social issues conservative only. i want to give you a chance to respond to that. >> i've seen you out on the campaign trail. you answer ec

justice anthony kennedy, who could be the key swing vote in this case pressed the administration's lawyer for an answer. >> here, the government is saying that the federal government has a duty to tell the individual citizen that it must act, and that is different from what we have in previous cases. >> well -- >> that changes the relationship of the federal government to the individual in a very fundamental way. do you not have the heavy burden of justification to show authorization under the constitution? >> the court's conservative justices were even more pointed in their questioning, specifically over how deeply the government can influence the choices of an individual. >> can the government require you to buy a cell phone because that would facilitate responding when you need emergency services? >> everybody has to buy food sooner or later. so, you define the market as food. therefore, everybody's in the market. therefore, you can make people buy broccoli. >> but the administration argues health care is different, since almost everyone requires medical attention at some time during t

making sure all provisions of the act are fully implemented under the administration's new health care law. both ramstad and kennedy retired from congress. mr. ramstad continues to work on mental health issues and is a board member on the national center on addiction and drug abuse at columbia university. mr. kennedy is currently living in new jersey and is recently married and expecting a child. congratulations. >> thank you very much for that kind introduction. i didn't know you were a democrat, kennedy. i want to thank all of you for being here own behalf of the parity coalition. and especially thanks to all of you who have worked so hard, some of you since 1996 in the very begin on the mental health and chemical addiction treatment parity act. i want to point out one individual. if i started thanking individuals for their co but i want to point out one national hero who has helped so much in this effort, who has my ways. he's one of patrick's best friends, one of my best friends, one of america's best friends, max cleeland. max, thank you. [ applause ] the reality of this effort is we're not there yet. we're no

kennedy also used. later, khan worked for the george w. bush administration. like all white house staffers, he had to obtain a top-level security clearance and swear his loyalty to the constitution. >> just days after 9/11, there was a report on fox news that a muslim man in the white house was tied to al qaeda. and of course when i first heard that story i began to and now it seems funny wonder who that could be? and i thought i knew all the staff in the white house, and i was wondering who is this mysterious person who has ties to al-khaida. and of course i soon learnt they were referring to me. >> the bush administration re- affirmed its support for khan and said he had no contacts to extremists. fox news got its facts wrong. fox withdrew the story, but other media outlets picked it up. some have pursued it and khan to this day. >> they don't want muslims to have any political voice in this country. so again somebody like myself serving in government, serving in sensitive positions in the bush administration, they saw as a very strong target because they di

. >> today, harvard law professor , randall kennedy, on racism, politics, and the obama administration. he is the author of five books. he will take your calls, he knows, and mitt romney continues to campaign in ohio this week. next, reform massachusetts governor takes place in a town hall meeting in dayton, ohio. ♪ ♪ [born free by kid rock] >> wow. what a turnout. i have a question for this crowd. do you believe we cannot afford another four years of barack obama? [applause] that must mean we will do everything in our power over the next three days to make sure mitt romney wins ohio and in the fall beats barack obama. are we going to do it? [applause] three more days and we are. it is great to be here. the mayor is doing a great job as a champion for this area. we also happen states senator chris widener here. pretty good team, do you not think? [applause] and the big guy behind me here, nick mangold, centerville, ohio. you can probably tell from looking at him he plays a sport. can you guess which one it is? a great buckeye star and now playing in some place called new york. we have

justice kennedy may be signalling trouble for the obama administration.s a heavy burden of justification for the mandate. let's bring in how this may play out. we won't get a verdict until the summer. is it too early to start trying to decipher the line of questioning that the justices have? it's not just the chief justice kennedy. it's the three of the four conservative justices that were asking tough questions today. >> it does appear that the individual mandate may be struck down. it's a surprise because consensus has been expecting that the law would be upheld and in that case tomorrow's discussions become very critical. that is really about what happens to the rest of the healthula. should the mandate be severed. they take away the mandate and also take away the underwriting provisions that they agree to in obama care. that's regardless of whether they were sick or healthy. they could not provide for the sick. they both go away. we expect the earnings up and they should ral oat news and in particular, they should see the most upside. >> the bear scen

administration. what happened? >> well, you saw right out of the bofrm three conservative justices just go after the solicitor general donald ver rilly. anthony scalia not a surprise. samuel, and anthony kennedy also who is usually the swing vote, expressing nothing but skepticism about the constitutionality. clarence thomas didn't say anything. john roberts to my surprise was the most sympathetic of the conservatives to the obama administration's position, but he wasn't very conservative -- he wasn't very sympathetic. so it really did look to me like there were five votes to strike down the affordable care act, the mandate provision. the four liberals on the court, stephen breyer, ruth bader ginsburg and elena kagan tried to defend the law. 3 asked sympathetic questions of verrilli, challenging questions of clement and mike carvin. they did not look like they had a fifth vote in that courtroom. and you know, it takes five votes to win and look likes the conservatives have them. >> kate, you were inside the courtroom, the solicitor general donald verrilli, was he sort of stumbling, did he not have the right answers? did he seem unprepared and overly nervous in responding to the conservative j

administration. >> clearly where they are going to come out, but justice kennedy did not. they asked tough questions of both sides. >> but justice kennedy was among those that questioned whether the federal government has the power to order people to buy health insurance or anything else. >> that changes the relationship of the federal government to the individual in a very fundamental way. >> the four liberal justices offered a ringing defense of the law. >> a disease is sweeping the united states. and 40 million people are susceptible of whom 10 million will die. can't the federal government say all 40 million get inoculation? >> state government can solve those problems. federal government is limited government. >> how can you wait until after you get hit by a car to go out and purchase insurance? it's impossible. >> no. obviously once you go to the emergency room, they can sign you up. >> but the justices tough questions do not always presage their final vote. and justice kennedy, the potential swing vote here may have had just tough questions for the laws opponents as

it could be, and i think, frankly, the best hope for the obama administration is this. that justice kennedy, and perhaps justice roberts will look at this chore of trying to decide well, which part of the law do we strike down? which parts do we save? if we strike down the mandate? we'll look at it and find it so daunting that that will pull them back from their thoughts about whether the court should strike down the mandate and perhaps salvage the law. but i think that's a hope. it's a dim hope tonight. >> do you think along those lines that the daunting nature of a 5-4 court striking down something that involved this country in debate for all these presidencies which has been consummated in this long fight among the first two years of the president's presidency, and has had so much heat in it, so much effort to get something through with 60 senators on one side and the majority of the house and president all finally reaching agreement. to take that apart and just demolish it in a narrow 5-4 decision, does that itself perhaps swim intimidate people like justice kennedy from acting? >> repo