mr. phillips indicated, there are safe ways to do this. but i saw two different trains of thought emerging during the arguments. justices like justice soet meyer, justice ginsburg and even justice kennedy to a certain extent expressed a certain amount of impatience. it's been 20 years in the once case justice ginsberg said. there were 70 court orders in the one case, the number of which had been violated. she said how long must the court wait for the state to move forward, another 20 years. >> ifill: where was justice alito in all that. >> he represented the other side. he pressed the inmates' lawyer mr. specter about the number that the court had ordered here in terms of the number of inmates to be released. he said if i were a citizen of california, i would be concerned. and he said that based on experience in philadelphia and the briefs that had been filed about by 19 other states he believed that there would be an increase in crime. he told this lawyer, experts can argue whatever they want. he said, i think that there's going to be an increase in crime if this goes through. mr. specter though said statistics in expert testimony show that h