phil kerpen he is vice president for policy at americans for prosperity and arlanda we cross to peter brown he's assistant director of university polling institute and another member of our cross talk team yell on the hunger all right gentlemen cross talk rules in effect that means you can jump in anytime you want i'd like to go to you first even in researching this program i came across a phrase someone describing the tea party movement tea is the republican party's cocaine thrilling for the moment but ruinous over time how would you respond to that statement. i think it's absolutely true i mean you know in the short term the tea party is great for the radical right wing part of the republican party you know people like sharon angle ken buck in colorado carl palatino here in new york but it's been bad for moderate republicans you know people like charlie crist in florida lisa murkowski in alaska because of that it's going to destroy the republican party long term there's no path to fifty percent of the electorate in states and districts for any of these tea party candidates in a normal ele

ground president they're going to need to compete in these areas in the mid to long term as well ok peter brown in orlando so it cuts both ways doesn't it i mean it makes the rich some republicans electable otherwise being branded as a. in the post bush years would have been otherwise and. it actually. divides the republican party at the same time so if this point time you can cut both ways for the republican party well i would i would tend to argue that what we know is we know we know about the short term in the short term you're going to have much more energized republican turnout on tuesday and that's going to help the republicans and to a large degree the tea party folks get some credit for that weather down the road it creates friction within the party or make some point makes the republicans less electable in some places we'll see it's interesting to note however that frankly the moderate wing of the republican party has been shrinking for years so the notion that that that they are a competitive part of the republican party just frankly isn't true. the republican party's future is being

peter, what is going on there in california? what are you expecting? what are they expecting? >> well, certainly the jerry brownamp, the democrat candidate for governor, say they are very optimistic that perhaps in the next few minutes he will be declared the winner of that race, becoming the man to take over from arnold schwarzenegger, a very closely contested race with meg whitman, the republican candidate, the woman who made her millions at ebay and spent a lot of those millions on this campaign, $160 million spent on campaigning against jerry brown. an amount of money, an obscene amount of money as some people have described it that may well have put off some california voters and may explain why -- certainly what the opinion polls have been suggesting comes true in the next few minutes that she has failed in that very expensive bid to become the governor. so we're waiting to hear. it could come fairly soon if it is a clear victory by jerry brown. and the senate seat, barbara boxer, a much more closely contested race in the final few weeks. that may take some time. carly fiorina is the republican candidate

. >> peter galley notes that the court decided the brown, vs.board of education case was adorned with two former attorney general, to form where solicitor general and the former sec chairman. i did not check that out. i will take him at his word on that. and he says by contrast of the past 20 years, presidents have chosen almost exclusively, and that an exclusively to nominate judges to the court. do you think such an exclusive judges on appellate court judges is halted for the court? -- is healthy for the court? >> it has been an extreme change. partly the nature of the court's work has changed. it is much more, much more narrowly focused than it was 50 years ago. it is more judges work done away the court looked at its obligation. the political figure of hugo black, fred vincent would look at a lot of what we do and their eyes would glaze over. and it is not the political world that are used to. it is a more dramatic move to move to that political life from our job. every year there are four or five cases on the docket that everybody will know