2011 when they did this and these two justices wouldn't recuse themselves. >> all you have to look at is bush versus gore. it left a division in this country. and the obama care, the healthcare thing, both the right and left have their various interests in this. the bottom line is i think for the sake of clarity, that both of these justices, kagan and thomas, and really specifically thomas, in light of the fact that we can show a financial interest by his wife, that there should be some recusement. >> it seems to make more sense to play is safe, just to calm the waters. there will be a lot of unhappiness when the decision comes down by one segment of the population. bernie, i give you the last word. >> and this is a landmark. if there's what you call a landmark decision, believe me, this is it. this is totally ruins years and years and years of legislation put together and now it's going