found it pretty interesting he was blaming our participation in the litigation as a reason not to disclose justice kagan's involvement. at the end of the day in arizona -- go ahead. bill: but there is one key piece of evidence that you pointed to. laurence tribe is a harvard professor and there is an e-mail exchange about the health care legislation. what did that e-mail specifically say? >> well, she expressed to professor tribe how thrilled she was over the passage of the affordable health care act called obamacare. bill: is that enough then to build an argument to suggest she is not neutral on this topic? >> well she certainly expressed her pleasure with the legislation and the passage of the legislation. does that mean she expressed her opinion as -- what she would say in her defense, if i was defending her i would say, that didn't express her opinion on the constitutionality of it. but you're cutting very close here and i think the real problem is when you look at these kind of issues