cannot be looked at as just a part of the political branch. that is what makes them so nervous about it. they can't be looked at as republicans or democrat, and right now, and this doesn't always happen, there are four members who were appointed by republicans president, and four by liberals. that doesn't always happen. we have had that switch around before, so they are very, very concerned about this. and they are also, i think that kagan made that interesting note about the swing vote, because now anthony kennedy is gone, and before anthony kennedy, justice sandra o'connor was the swing vote. and right now, it doesn't look like there is going to be a swing vote. and she says that is another concern. because it looks like one side, one side of the bench would be owned in a particular issue. they are very nervous. >> now, let's talk about what is happening on capitol hill. there is obviously an optics problem for republicans on the judiciary committee, which we saw chuck grassley attempt to explain, he kind of caught himself in a moment where he