marcia coyle of the national law journal was there and joins me now. marcia, this was quite a case, quite an interesting set of q&a arguments before the jung. this is an inmate with some legal heavyweights on his side. >> he does. he has one of the foremost religious scholars in the country representing him in the arguments today. this law, it's important to note, it really erects a very high hurdle for the government, any government body, here a prison system, before it can burden somebody's religious expression. it says the government body has to have a compelling interest, has to choose the least restrictive means to further that interest. but it also says, congress said in the law, you have to give due defendant represents to the experience and expertise of prison officials. it didn't say how much deference. those two commands are in tension, and that tension played out during the argument. >> woodruff: that's what arkansas was arguing here. >> mr. holt's lawyer argued that arkansas is looking for absolute deference to their judgment that the no-bea

with marcia coyle of the national law journal.d day today at the court. >> very interesting, gwen. >> ifill: was it a surprise to you? >> yes, conventional wisdom from, quote, scholars, litigators, said the court was ready, it was going to take one of the cases it had pending. we don't really know why they didn't. when a court issues a decision not to hear a case as today, it generally doesn't comment unless there's a december sent from that decision. so we don't know what went on in the minds of the justices, and we're also told with these kinds of decisions not to read too much into them. but that didn't stop speculation today. >> ifill: does it settle or unsettle things? >> there are speculation as to why the judges did what they did. i think there are two schools of thought. first, the three appellate courts that have ruled thus far have struck down bans states enacted. justice ginsburg suggested this summer the court may want to tila tequila there's a ruling upholding the state ban creating a split among the circuits and givi

marcia coyle, thank you. >> my pleasure, judy. >> woodruff: now for a different question that justiceswhen they are appointed to the supreme court, it's a job for life. but should it be? that question is now being directed at the oldest sitting justice. jeffrey brown explores the endurance of ruth bader ginsburg. >> brown: and i'm joined by legal experts and court watchers. you wrote an essay in a political magazine calling for justice ginsburg to step down. he's the dean of the court of law. and we're also joined by jeffrey rosen, the legal affairs editor and the president and c.e.o. of the national constitution center. well, summarize the case for justice ginsburg stepping down for us. >> in march of this year, i read an op-ed in the "los angeles times" urging justice ginsburg to step down at the end of the term, which was this past july. i said that's the only way she could be sure that someone with her views and values would take place on the court. if the republicans take the senate in november, president obama picks a successor, i'm greatly concerned. if a republican wins the pre