you have to do it through individual contributions and not through the corporate union, union general treasury fund. and it looked very much that there may be five justices to say congress cannot put that ban in place. >> then what happens, colby, floodgates open? >> look, corporations and unions are already contributing to campaigns, they do it through pacs, their employees do it through political action committees. i am a big advocate of disclosure. let us know exactly where the money is coming from. i also believe in speech. and i also believe these institutions -- labor unions, and corporations -- should have the right to speak about their issues and speak the same way individuals do, through contributions. john mccain laid out the predicate, that it would be massive spending on campaigns. so be it. we already have it right now. i just think they ought to be fully disclosed. this makes me a heretic in my group, but -- >> it makes you right. >> the other interesting aspect is this group did not want to disclose. there is a lot of talk about you all have full disclosure. but when the cases c

treasury funds. right now, the law allows corporations and uonso speain campaigns throu political action commiees, which ey can create but have to be funded by individual contbutions. coorations and unions may not use generalreasury funds. so thas wat is at stake here, a lot more money. >> ifill: because the oba administtion is charged with defending the existing law. we hrd from elena kagan, who this was her first time argues beforehe cour >> she faced an uphill battle here because three justices, have alady said in prior decisionshat they would overrule this 1990 precedent, "austin vers miigan chamber of commerce" in which the court upheld the ban o corporate expenditures, and she also faced the fact that the juification, the vernment interests for upholding the n on those exnditures has been criticized in recent inions by chief justice roberts and alito. she had potentially five votes agnst her going in. >> ifill: we g to hear me of the auo tape from the argumedao t ay,rond chf justice roberts and elenaagan got into i a little bit. let's listen to thatfirst exchange. a large corporation, just ke an individual, has many dirse interests. the cooration may want to support a particar caidate but they may be