justice sotomayor: can i get to a different question? i think even i or someone else cut you off when you said there were three reasons why 2(b). putting aside your argument that this that a systematic cooperation is wrong you can see it's not selling very well why don't you try to come up with something else? because i, frankly as the chief has said to you, it's not that it's forcing you to change your enforcement priorities. you don't have to take the person into custody. so what's left of your argument? general verrilli: so let me just summarize what i think the three are, and then maybe i can move on to sections 3 and 5. with respect to with respect to 2, we think the harassment argument we think this is a more significant harassment problem than was present in hines justice sotomayor: please move general verrilli: with respect to in addition, we do think that there is a structural accountability problem in that they are enforcing federal law but not answerable to the federal officials. and third, we do think there are practical impe

>> well, justice sotomayor, let me say this, which is to say -- you're right in the first point to say that it's the states that do it, which makes it different right there. but it's also >> well, that goes back to the substantive due process question. is this a lochner era argument that only the states can do this, even though it affects commerce? cars indisputably affect commerce. so are you arguing that because the states have done it all along, the federal government is no longer permitted to legislate in this area? >> no. i think you might make a different argument about cars than you would make about health insurance, unless you tried to say -- but, you know, we're >> health insurance -- i mean, i've never gotten into an accident, thankfully, and i hope never. the vast majority of people have never gotten into an accident where they have injured others, yet, we pay for it dutifully every year on the possibility that at some point we might get into that accident. >> but, justice sotomayor, what i think is different is there is lots of people in manhattan, for example, that don't h

. >> of course that is right, justice sotomayor. the matter what should you congress love options available. if you straight to only individual mandates, congress was at the next day, that the last thing we ever wanted to come us will strike down the rest of the statute immediately and then fix the problem. whatever you do, congress love options. >> there's such a thing as legislative inertia, isn't there? >> i think the question is we all recognize as legislative inertia. the question is what is the best result in light of that reality? >> we should take on more power to the core. congress would choose to take one path rather than another. that is sort of taking onto the court more power than one would want. >> i agree. we are asking the court to take straight on the idea of the basic remedial inquiry and severability looks to the intent of the congress. >> why do you like -- you sure below to the intent of the congress? i thought that sometimes congress says these provisions provisions -- all provisions of the act would be severab

sonia sotomayor... stephen reyer... ruth bader ginsburg... and... eleea kagan.../. the... judges... voting... in dissenn..../ anthony kennedy... samuel alito. . antonin scalia... and... ccarence pere's... our question of the dayy 3 do youuagree with the supreme court's ruling on the health care laa? go to fox- baltimore dot com .../ tell us what you think./. soond off thrr facebook../. send us a tweet./ or text your answer to 45-- 203../ enter fox45a for yes../ fox45b for in today's ruling... the majority of 3 &p conservatives... are clearly... -pd with... he nntion's highest court.../. but... many... vow... to conttnue... their fight.../. melinda roeder ... here... those groups --/ americans for prosperity is a group born out of fruutration pnd hope.stemmmng back to 2009 - hen taxpayers whh opposed the so-called "obamacare" - began protesting at congressional town hall meetings in maryland - and across the nation. they said they didn't want the government o come between them and their doctors. they increases. ironicalll, they say - the supreme court oday p cemented those fears....

(laughter) it was a 5-3 decision with elena kagan recusing herself and sonia sotomayor allowed to vote after she showed her papers. (laughter) nation, nation, this decision is a disaster partly because it throws open our country's borders but mostly because mitt romney now has to express an opinion that might upset his pick voters. of course, it's great for obama, he's been pandering to latinos all year. what with last week offering to let young illegals stay and, of course, his shameful entrance at the state of the union. >> mr. speaker, the president of the united states! (playing "mexican hat dance") (laughter) clearly mitt romney had to get on top of this issue. so last night he told a room of 200 donors in arizona "i would have preferred to see the supreme court give more latitude to the states, not less, there are states now under this decision that have less authority, less latitude to enforce immigration laws. and states have to be able to enforce their own immigration laws. as justice scalia said yesterday in a fiery dissent "in the first 100 years of the republic the states e

sonia sotomayor... uth bader . ginsburg... aad... elena kagan.../. the... judges... votiig... in dissent..../ anthony kennedy... saauel alito. &p . antonin scalia... and.... clarence thomas. response ... prom... capitol hill... was quick.../, kathleen cairns... spent the day... in d.c..../ where ... she... poke ith members... of... maryllnn's del. delegation. at the us cap in wash dc a busyyday of debaae over otter issues seemed overshadowed by the sup cts decision involving health care. -standup--harris- opinions.-harris--dutch-so f - whats next???-dutch--harris- the debate now moves back to the olitical arena. in wash edition. 45 news late - &p conservative groups ... react... to... the ruling..../ and... vow... to fight... to epeal...//. group... stemming... back to 2009. // many... members... attended ccngressional... town hall meetings... to protest .../ they... also fight... against tax increaaes... in... several states..../ ironically,... the supreme court... ruled... congress ...could impose ...mandatory health coverage power... tt átaxá the publicc < "the court of pub

wrote the majority opiiion.the four judges connideeed liberal voted to uphold the law.they are sonia sotomayor..stephen breyer... ruthhbader ginsburg...and ellna kagan.the judges voting pn dissent weree.. anthony kennedy...ssmuel alito.... thomas. coverage for people with pre- existing conditions.that's a welcome relief for some families we ssoke with. the mckkever ffmily as but they'rr happy to ind out 12-yearroll kyle, who suffers from a genetic nerve disorrer, insurancc plans... now there pre no pre-existing condition limitations. jjnine murphy ii in a similar sstuation. her-4--ear old son suffers from cerebral palsyyand is covered by medicaid. murphy says: afforddble pealth care is really important to me right now and therapy and hhs ndition - coveerd" mckeever says: "when your child has a medical condition when you have the fiiances with it thaa you are not going to ave the abiiity toopay for mri's, or x-rayssor medicinn. ii's just aaother burden" burdenn the most controversial part of the new law requiies all americans to a fine. there will be ce - &psubsidies for those who canno afford

[applause] right after sonia sotomayor was put through what i like to call elizabeth expert moment.rock with the screaming, yelling faces behind her, somewhat like what i saw when i was watching sonia sotomayor. right after that, we then had the vilification of shirley sherrod. now, i want to point out here, on this one i'm not making a critique of the administration or making a critique of the naacp. an organization that i think has been doing extraordinary and exceptional work, especially recently but who in that moment when shirley sherrod was first presented to the american people by andrew bright arc as a racist -- breitbart, as a racist, the naacp initially, although they came around but initially saying she should be ashamed of herself for her comments. now that had to have happened because they just didn't know who shirley sherrod was. and you see that is fine if you didn't know who shirley sherrod was and maybe if i didn't know but i did but if you ever watched "eyes on the prize" which i'm sure anyone in the naacp did then they named sherrod in the state of georgia should'

justices briar and sotomayor summarized my opinion. what is now known about shaken baby syndrome is -- uncontradicted evidence showed she possessed no danger whatever to her family or anyone else in society. in december of last year, smith filed an application for commutation of sentence with california governor jerry brown. justice at last prevailed, don't you agree? thank you. thank you. >> ruth bader ginsberg talked about the helmut case. >> no case has attracted more attention than the academy, the ticket line outside the supreme court. a line that formed three days before oral argument commenced. some have described the controversy as unprecedented and they may be right if they mean the number of press conferences, prayer circles, protests, counter protests going on outside the court while oral arguments was under way inside. >> she also spoke about press reports on the decision. >> and though our deliberations are private, that has not dissuaded the media from publishing a steady stream of rumors and fifth hand accounts. my favor

ruth bader ginsburg, stephen breyer and sonia sotomayor. and justice roberts, one of the court's more conservative justices. the three other conservatives consented, that makes eight. elena kagan the ninth sat this out because she worked this case when she was with the justice department. you have to wonder, why was justice roberts there and it may be that, you know, interesting note here, because there were only eight justices if this were a 4-4 split, the decision wouldn't count. the lower court ruling would be in effect. this would have no effect. perhaps he was trying to find a way for the court to have a holding. >> mike, all eight justices voted unanimously on the papers please aspect of the bill, roundly called the most controversial aspect part of the bill and divided on the other three. did we all have it wrong? do court watchers look at this as a surprise or this what is supposed to happen? >> justice sotomayor and stephen breyer, both in the liberal wing, both expressed concerns but not overriding concerns over the papers please

even justice sotomayor and justice kagan voted against them and john roberts who is developing a reputatione succinctness said in his opinion he found the obama administration's position remarkable, that there would be no special protection for religion in the first amendment since religion is mentioned twice. now the hhs mandate is another example of the ugly face of secularism. they want to take us from the broad uplands of religious freedom to down to a valley of freedom of worship where they will tolerate our expressing our religious faith within the narrow confines of our church and our home or as was pointed out to just ourselves, if we just want to minister to ourselves and talk among ourselves and they'll let us do that. that's kind of them. religious freedom involves the ability to be obedient to go out into the byways and to be like and to share the gospel and to share the love of our lord and savior jesus christ and that's what's protected in the first amendment. [ applause ] >> make no mistake about it. make no mistake about it. the hhs mandate is about religious freedom and not

consumnes sotomayor and elena kagan. a lot of single payer advocates know it is not a surprise he sided with them because it was siding with the insurance industry. certainly an industry you have taken nine and targeted you. your thoughts when you say tomorrow we began the fight for medicare for all, on what direction that should go? >> toward exactly wages said, medicare for all. we need to expand medicare for all the citizens of this country. of course this is something the insurance companies do not want to happen because of the milly, medicare for all will not worked if the people are not in charge of its. the insurance companies will be calling the shots. they will be restricted more than they were in the past. for instance, one of the great things about today is the provision they cannot deny people because of pre-existing conditions. apparently, that stands. the fact parents can keep their children up to the age of 26 on their health insurance, that stands. there are the smaller provisions -- the key talking about

. >> they may be the divicive votes and the liberals, begins berg, sotomayor and kagan have probably made up their minds as have the court's more solid conservatives. ska li a alito and thomas. that leaves the others in play to make the decisions for us. . >> i know you have to get in there. you have a lot of reading to do. the man who figured out bush v gore before anybody else. >> i don't know about that. >> the man who has to figure it out before anybody else does. >> let it be simple. >> while the stakes couldn't be higher, that hasn't stopped the guessing game and the convoilated analysis about how a loss can be a win and how much the price paid for a win could end up costing. folks, the bottom line, a win is a win ask a loss is a loss. let's not overanalyze this, though there will be complications depending on what the court decides and the degrees for which they go. this is a defining moment as he made clear again at a fund-raiser this week. >> i believe health reform was the right thing to do. i believe it was right to make sure over three million young people can stay on the

ginsberg and sotomayor. so it was an extraordinary turn of events, because five minutes into chief justice roberts' opinion, you would have asked anyone in that room whether this law was constitutional -- was going to be held unconstitutional, we would all have said yes. but we had to sit to the end. and the turn of events surprised me, that's for sure. >> on the medicaid provision, he essentially helped them out saying, this way it's unconstitutional, but as long as states can opt out, we can leave it in. >> that's right. and this is going to be an administrative difficulty for the obama administration. the law had been, in most cases, he who pays the piper calls the tune. that if the federal government gives the states money, for anything, they can determine how that money is spent. but what the chief justice said in this opinion was the federal government went too far here. they commandeered -- that's the term he used -- commandeered money from poor people. and too coercivcoercive. so that part of the law

that i noticed was occurring for the first -- i started seeing it when president obama dominated sotomayor to the supreme court. if you can take yourself back and remember the gauntlet that she was forced to walk through the senate confirmation hearing, just for fun, watched the jamie dimon testimony right next to the sotomayor confirmation hearings. just watch them. right after she was put through what i like to call elizabeth expert moments, remember, she is the teenage girl who was forced to walk the gauntlet in little rock with the screaming, yelling faces behind her, much of what i saw when i was watching sotomayor. right after that, we have the vilification of shirley's gerard. i am not making a critique of the administration. i am making a critique of the naacp, an administration who has been doing extraordinary work recently. but in that moment when she was presented to the american people by andrew breitbart as a racist, the leadership of the naacp to initially, although they came around quickly, initially said she should be ashamed of herself for her comments. they did not know w

justicebreyer --breyerr dissented, joined by some -- justices kagan, sotomayor, and me. in our opinion, strip searches are an affront to personal privacy and degrading. unless they were suspected of carrying drugs or any other security risk, legal fees were unconstitutional. a third case, sec against fox television, asked whether the fcc's current indecency policies violate the first amendment. the paris hiltons of this world eagerly await the decision. [laughter] it is beyond my comprehension, i told my clerk, how the fcc can claim jurisdiction to ban words spoken in a hotel on french soil. [laughter] [applause] the case came to us on a return trip. we held that the fcc did not violate the administrative procedure act by regulating the broadcast of expletives. the we did not include me. i dissented and was joined by justices stevens and briar. the court remanded the case to consider in the first instance the constitutionality of the newly minted leading expletive policy. the court of appeals struck down of the fcc's indecency policy in its entirety, not simply as applie

. >> it was a 5-3 decision with kagan recusing herself and sonia sotomayor being allowed to vote owner she showed her papers. >> the forward roll, only two of them. where did that come from. >> now that you got this out of your system are you ready to go back to cleveland and play some ball? >> whoa, whoa, whoa. >> they all come back for real news every night. >> i know. >> it's almost like we're infecting the mother ship. >> john: do you believe in god? >> yes. >> john: do you believe in ufos. >> no. >> john: do you believe lee harry oswald acted alone is. >> yeah, he did. >> john: visit the "viewpoint" web at www.current.com. money is effecting those who will not identify themselves. raul grijalva wants them identified. he's up next. building >>it's the place where democracy is supposed to be the great equalizer, where your vote is worth just as much as donald trump's. we must save the country. it starts with you. and who doesn't want 50% more cash? ugh, the baby. huh! and then the baby bear said "i want 50% more cash in my bed!" phhht! 50% more cash is good ri... what's that. ♪ ♪

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justice byron and justice sotomayor join my dissenting opinion. we said the summary disposition of this case was a misuse of the court's discretion. what is now known about shaken baby syndrome cast grave doubt on the charges leveled against smith and and contradicted evidence showed that sheet presents no danger whatsoever to her family or anyone else in society. -- uncontradicted. made an application with california governor jerry brown. on april 6, governor brown commuted her sentence to time served, noting significant doubts about her guilt. [applause] it was the governor posted first grant of clemency in his current term. justice at last prevailed. don't you agree? [applause] thank you. you.yk [cheers and applause] >> we had hoped to go live to wisconsin, where presidential candidate mitt romney is making a campaign stop. he is on a five-day six date bus tour. he is being joined by congressman paul ryan of wisconsin, governor scott walker at a manufacturing company in wisconsin. janesville, wisconsin. we're having some technical issues we nee

[applause] right after sotomayor was put through the expert moment remembering elizabeth is the teenage behind her so much like what i saw when i was watching sotomayor. right after that we had the vilification of shirley. now i want to plan on this one i'm not making a critique of the administration i making a critique of the naacp, an organization that i think has been doing extraordinary exceptional work especially recently, but who in that moment when shirley shaara was first presented to the american people by andrew essey bassist decreases the leadership of the naacp initially, although they cannot quickly but initially saying she should be ashamed of herself for her comment it would have happened because they didn't know who she wrote to the ku shirley was and that's fine if you didn't. and i didn't know all delighted if you've ever watched which i assume any one that is in the leadership of the naacp did, then the name and state of georgia should have won nobel because they liberated the rest taking care of a land. but the willingness to see a black woman from georgia has an inh

gÓmez tambiÉn es inmigrante, tambiÉn p tambiÉn puso a ejemplo como atletas, y del congreso, sonia sotomayor hacer, se parecen a satcha, quÉ te parece? >>> bienvenidos sean todo univis@ , podemos hacer ununivis combo noticioso >>> como andan con este ambiente mexicano, nos vamos a ir precisamente a este paÍs donde millones deierta americaunivisi@ Óa ordenar sus ideas polÍticas y decidir por quiÉn votaran el domingo para nuevo presidente. los candidatode prometenun acat los@@spiertericaunivis@@nrta am auto@@despierta americaunivision v al sucesor de felipe calderÓn en la presidencia de mÉxico. durante los prÓximos 6 aÑos, aÍi se declarÓ el instituto electoral federal, que este jueves harÁn un pacto donde todos sin excepciÓn se comprometen aision@@despierta a del voto, de manera de quienes la promueven, pueden ser sancionados. >>> los candidato presidenciales promete rana confiar en el conteo que hagan los despierta e n michoacÁn una de las areas conflicto as del ganador oscar gÓmez confiesa que tiene temor de ir a las urnas >>> el ambiente de inseguridad que si vive en nuestra regiÓn mÁs bien

. >> 5-3 decision, when sonia sotomayor allowed to vote only after she showed her papers. >> here's mine where i stand. >> you still think the arizona immigration law could be a model for the nation! >> we need a greater, more assertive america. >> i'll have what she's having. >> sate again and again and again. >> with worker locking himself in the airplane lavatory. >> he's a job creator. >> we do not need an outsourcing pioneer in the oval office. >> couple of times wondered whether i was going to get a ping slip. >> there's actually a difference between outsource iing and offshoring. some sort of financial wizard who can fix our economy. >> what exactly are you accusing the president of? >> i don't know. >> i burn everything i've done. >> do you have any evidence that white house officials are involved in a cover up? >> no, we don't. >> moving the stadium. >> somehow take away or limit people's second amendment rights. >> i don't know what whether that's the case. >> big decision's coming tomorrow for the supreme court. my guess is they're not sleeping real well at the white house. >>

again there were enough parts of what the majority said which gave comfort to justices like justice sotomayor is going to be concerned of about the harsh treatment of immigrants in the country you know what, if arizona enforces this in a way that will lead to racial profiling or interferes with the federal program they'll strike this down. there are enough protections in there. >> john: i have a serious question for you. governor brewer insists that their state police are trained to questioning that will not lead to racial profile. is she in fact high. >> i can't speak to how she was before she spoke that. but it has lingered in the background to challenges to the law since it first passed are very still much alive and very much going to be part of the conversation moving forward. >> john: well, it's strange, the racial profiling aspect is what everyone is talking about and causing all the controversy. why wasn't it part of the administration's challenge to this law? >> i think you have to understand what the challenge was. it was a challenge before this law ever went into effect. what the ob

. >> supreme court justice soniaed sotomayor is 58.thday if this is your day, too. >>> hello and welcome back to 9 news now on this monday morning. 5:45. the question is debby is doing what to the gulf coast and where? >> 20 confirmed tornadoes in florida. tons of rain down there. this will barely move for the rest of the week. by friday and saturday it will be in the western panhandle. >> it's coming across land so it won't get to hurricane strength? >> it may. it will be out in the gulf for two or three days so it has time. right now it's struggling to strengthen. in fact, it's weakened a bit. we start with debby. florida is being pounded with heavy, heavy rain. we know a guy in orlando at disney this week, one of the guys we work with. stay inside, mike. find inside activities. tornado watch across much of florida. then the western part of florida getting a little bit of a break now but debby actually is in the gulf of mexico. not moving. winds have weakened to 50 miles an hour and the motion on this at least the stationary now but

sotomayor who is generally a liberal was very hostile to the justice department spokesman during theent saying your arguments don't hold water. i have a feeling that the court will uphold the arizona law. >> i love hearing that about her. she makes the point, if that's true, that she's doing what she thinks the right law is and not what people think her politics are and that's what people want out of the supreme court. >> not sort of the idea that partisanship is part of their judgment. >>> and investigators may have found the drug that could have been the blame for the zombie-like attacks. >>> and the trainer was helping to train i'll have another and he has damming words for the industry. mobile solution, in a whole new way. using real-time photo sharing abilities, they can create and maintain high standards, from kitchen to table. this technology allows us to collaborate with our drivers to make a better experience for our customers. [ male announcer ] it's a network of possibilities -- helping you do what you do... even better. ♪ >>> and in the press conference today, president o

sotomayor was excluded. pardon me, elena kagan was excluded. so because she recused herself because she had been a solicitor general in the case. >> you buy all this? >> no, i don't. i agree with you, ed, that i think what the president said was very mild about citizens united. i remind michael that then sam alito mouthed "you're wrong," insulting him at the state of the union. i don't see the president gives up his ability to criticize a supreme court decision. i think scalia really stepped beyond the boundaries of what you do in a dissent. >> speaking of that speech and the response from sam alito, let's talk about what happened today. the supreme court rules on citizens united telling 22 states, you've got to play by the federal rules. you can't limit corporations' giving. i think this is bigger than the first ruling. >> i'm with you. when i heard you earlier on your program saying let's pay attention to the montana decision, i was in montana a couple days ago and learned about some pretty interesting stuff about the whole 10th, 11th amendme

consumnes sotomayor and elena kagan.a lot of single payer advocates know it is not a surprise he sided with them because it was siding with the insurance industry. certainly an industry you have taken nine and targeted you. your thoughts when you say tomorrow we began the fight for medicare for all, on what direction that should go? >> toward exactly wages said, medicare for all. we need to expand medicare for all the citizens of this country. of course this is something the insurance companies do not want to happen because of the milly, medicare for all will not worked if the people are not in charge of its. the insurance companies will be calling the shots. they will be restricted more than they were in the past. for instance, one of the great things about today is the provision they cannot deny people because of pre-existing conditions. apparently, that stands. the fact parents can keep their children up to the age of 26 on their health insurance, that stands. there are the smaller provisions -- the key talking about

neither is an immigrant, but justice scalia's father came through ellis island from italy, and sotomayors puerto rican ancestors. the point is simple, the idea that any government official can determine who belongs in america and who doesn't by looking them is ridiculous, unfair, and un-american, and yet this absurdity is the law of arizona. >> illinois congressman luis gutierrez joining us on the ed show, scoring high, showing and illustrating absurdity in the immigration laws in arizona and in this country. congressman, why is justin bieber the face of the immigration debate right now? >> because he's on my 9-year-old grandson's ipod, and we did some research into what it is to young people. we wanted to make sure we did this from a generational perspective, too. that's what they are, right, pop culture. i use them because, you know, as i look, i looked at justin bieber and said that's an american kid, right? he's from here. and most people might think with the last name gomez, this young romantic couple, one might be from one place and one from another. that's the absurdity of what it

interesting, all of the prognosticators are talking 5-4 and other experts are saying, let's not justin sotomayor think there's a likelihood that those who obtained insurance up to this date may be okay. >> harris: grandfathered in. >> will not be retroactive, but we'll have to see the language of the opinion. and the larger is the severability. to put it in english, this law did not have a severability clause. what that means, if a court strikes down a portion of it the rest can stand. and it's generally accepted that if there's no such clause, then it can't be the case. however, tricky footnote. the court invalidated of the famous financial law sarbanes oxley, even though there was no severability clause, they found-- >> if they find the mandate to be unconstitutional really they'd have to wipe away the rest of it. >> interesting, and the question, nancy pelosi said look, the the individual mandate in large measure drives the financial portion this have bill. in other words, it's interesting, all the extra reporting that the company is going to have to do the administrative work, the theory was

he voted with justices breyer, ginsberg, kagan, and sotomayor. their reasoning, the individual mandate is not just a mandate, but it's a tax, which is under congress' power. the chief justice may have actually tipped his hand a bit during oral arguments in march, so we dug up this exchange. this is between the chief justice here and the attorney representing the national federation of independent business. and you're going to hear chief justice roberts kind of scoffing at the idea that the individual mandate is not a tax. take a listen. >> the whole point of the suit is to prevent the collection of bounties. >> of taxes, mr. chief justice. >> well, prevent the collection of taxes. but the idea that the mandate is something separate, from whether you want to call it a penalty or a tax, just doesn't seem to make much sense. >> it's entirely separate, and let me explain to you why -- >> it's a command. the mandate is a command. >> right. >> now, if there's nothing behind the command, a sort of, what happens if you don't follow the mandate, and the a

with chief justice, who was the swing vote in the decision, ruth ginsburg, stephen breyer, sonia sotomayor, and elena kagan. we of spoken to a lot of single payer advocates say it is not surprising, because this is siding with the insurance industry. your thoughts when you say tomorrow we begin the fight for medicare for all. what direction should that go? >> toward exactly what you just said, medicare for all. we need to expand medicare for all the citizens of this country. of course this is something the insurance companies do not want to happen because i ultimately, medicare for all will not work if the people are not in charge of it. even with this victory today, the insurance companies will follow the shot. they will be restricted more than they were in the past, for instance, one of the great things about today is the provision the cannot deny people because of pre-existing conditions. that now stands. the fact parents can keep their children up to the to 26 on their health insurance, that stands. they're all these smaller provisions -- the key talking about the mandate being the cen

went on this, can we infer anything by the fact that roberts was in line with gisnburg, breyer and sotomayor? could this be seen as a bid to steel himself from criticism that he is too partisan and has been making not just political decisions as a chief justice? >> i wouldn't read anything into it whatsoever about what the court might do on health care. here is a guess and it's only a guess because we haven't the slightest idea why they do these things. but it is possible that the chief tried to avoid a tie. if this had ended up in a 4-4 tie, because justice kagan wasn't involved. it would have left the lower court ruling in place that left all four of the challenged provisions invalid so perhaps the chief was trying to make sure there wasn't a tie, there was a holding. it may also be that he honestly believes the provision that was upheld today was constitutional or at least now doesn't present a constitutional problem. >> pete williams, thank you. we will certainly be talking to you later in the week. >> you bet. >> our favorite legal eagle, savannah guthrie. obviously this is -- three out