it was very interesting that justice stephen brier, a liberal justice joined the conservatives in this respect. he cares a lot about democracy. and he said look, basically liberals are going to be better putting their faith in the ballot box than not. i think because the people decided to ban it here, the courts should defer. it doesn't change the status quo that much. when this case was first heard in the court last october, i was inside justice scalia made the comment that really took me by surprise. i know you all are veteran court watchers. >> we've held that the 14th amendment protects all races. i thought we rejected that. >> only the blacks. it was startling. when you look at the fallout, here's the impact on the ban of affirmative action at the university of michigan. in the year before the ban, the school's freshman class was 7% african-american. the year after the ban, it fell to 5%. the same pattern in california at berkeley. before affirmative action ban, the freshman class was at 14% african-american. the year after the ban, it fell all the way to 9%. so even though this c