i tend to agree with judge kozinsky here. has not know that means he five votes in affirmative action cases. >> this is an important distinction. it is one thing to go along because he -- because you know you are outvoted. and you do not have the votes to overrule it, so you do not make an issue of it. votes, you the four would not join that decision. it is a matter of arithmetic. this one?omments on >> i would say something. overturning roe could mean two things. one, there are five votes to have an opinion to overturn roe versus wade, and discontinue planned parenthood. and it is no longer a protected liberty interest. the other way to overturn roe without explicitly doing so is to apply that standard the court announced for determining whether restriction on abortion is constitutional or not, but to uphold every restriction on abortion you come across, thereby effectively rendering roe no longer the law on the ground. that is another way the courts could potentially tip away at roe, if there is an appointment. appointment,