in that sense, he and judge pozner share a great similarity. neither one hid behind doctrine to justify their results in a case. is that accurate? and is it a good thing if it is accurate? >> i guess i would say, i don't think that justice kennedy hid behind doctrine. i think i agree with that. whether that is a mark of unusual honesty or transparency, that's where i might get off the train. insofar as, i don't think there's any particular, from the perspective of honesty or transparency, i don't think there is any particular valence to being a doctrinal list first versus being a non-trick trying to list -- being a non- doctrinal list. in a way that is entirely nontransparent, i think when eric says it is inscrutable, we don't know how you get from citizens united when you say, corporations have a certain speech right, it is not good to discriminate on the basis of a speaker, jumping from that to a restriction on electioneering in the last three days before elections, it says you can speak through a certain path, but not through your treasury f

you can see in today's "wall street journal," andy pozner's piece, compares obama with trump.rump is way better than obama in these things. charles: you know, even the mainstream media is coming around in their own way. they give the credit but give the, give me a headline for instance, from today from reuters. trump is right. jobs for black americans abound. here is why it may not last. they acknowledge the fact. then they toss out the probabilities and possibles. here is the thing, art. what i'm seeing, the evidence is amazing. the gap between black unemployment and white unemployment narrowed to the lowest point ever. the gap between black employment to population ratio, and white employment to population ratio narrowed to the lowest point ever. any other president, we would be hearing about this every day. >> i would love to have you have said though, is the gap has been narrowed not only has the gap been narrowed both are coming down. in other words the higher unemployment rate is dropping faster than the lower unemployment rate is dropping. it is really the right way. yo