issue in the case that appeared before the supreme court. so the president's unremarkable observation is that since the new deal era, the lockner era that preceded the new deal and the change in approach by the court, there has been a longstanding precedent set where the court defers to congress and to congressional authority in passing legislation to deal with and regulate matters of national economic significance. >> on the point of critics claiming the president was attacking the court, your colleagues have correctly noted that when the president said that the justices are unelected, he was quoting conservative commentators who are said that for years. however, are you then suggesting that if you were to lose in this case, the president will not attack the court? does he consider them fair game in this process? to attack them?