prof. eskridge: let me just add rank speculation. prof. jones:on. mr. hebert: i think that the conservative litigants that push the envelope so far to the right that justice kennedy is uncomfortable going there. i think he is often times now as we saw in the alabama case and as we saw in the arizona commission case, i think you just not willing to go out that far. i think that may count for some of this, and so the court becoming more liberal, i think it's more -- it all comes down anthony kennedy these days. that's my rank speculation. mr. wall: the atmosphere among conservatives seemed as fractious to me as i've seen it in the last 20 years. you find justices kalina -- scalia and alito sniping at each other. he wants a the name of. you see justices kennedy and thomas in the solitary confinement is going out of. 10 years ago justice it's -- justice thomas doesn't write that concurrence, he just let that sit. you see them going at it in king the burwell. i don't know whether the court is moving to the left or right tom's numbers are better on that than