you mentioned the justice roberts decision to determine the this was a tax and congress had broad authority to levy a tax. can you tell us what you're talking about and why you did what you did and why you took this opinion out for comment? >> certainly, senator. the case i was referring to was the sibelius. that is binding law on all lower court judges and as a sitting district judge, i will follow it fully and faithfully. when i was clerking for justice kennedy, that was the most public high profile case of the year and as you can imagine, no supreme court justice likes being in dissent. justice kennedy's circumstances, it is not a position he is in often. at my investiture speech i wanted to pay tribute to justice kennedy, he changed my life by hiring me, at the end of the paragraph paying tribute to justice kennedy i made a lighthearted allusion to his dissent in nfib versus sibelius and it was nothing more than a tongue-in-cheek way of recognizing what is in the public record in the united states reports, the chief justice wrote a majority opinion holding the individual mandate was a tax and j