tom goldstein i will start with you. one of the themes of this term clearlys that to bement the extent to which we have seen the growth and solidification of what we have seen a roberts court. what does that mean. >> we're talking about the conservative majority lead by chief justice john robertse nuts hour in the evening, campaign finance, gun rights, cases you mentioned. the courts conservative did hold a majority and advanced the ball in that direction. but if you look beneath the surface i think in case we can talk b you will see the court's left had some successes as well. overall i think a mixed term. >> brown: a mixed term. paul butler what do you see? >> i see conservative judicial activism. i see conservative court that is bold, that's

and tom goldstein of scotus blog had a point that we have an impression it is conservative, liberal, 5-4. but only 20% of the cases are a 5-4 and most are not breaking down on political lines. so it makes it more important to know what they are thinking. but we have so neutered the process not only on ideaological issues but every issue, you can't know what they are thinking on nonideology issues and pragmatic issues. i thought she did a great job but it is a shame it has dissolved to this. >> woodruff: the conventional wisdom is that yes, of course she will be confirmed but maybe with fewer votes than sonia sotheby's -- sotomayor. >> i think that is true. she had the advantage of being the first latina, first hispanic supreme court justice. the support of mel martinez, cuban american in florida, he has left the senate since, defeat bid george lemieux, he has political ambitions of his own. wants to establish conservative credential. beyond that i don't think she got the support, i think, that justice to be kagan can expect with the renegade s in the fine-- state, susan collins and o