justice; thus, none will go over and it will be overturned. >> bret: 5-4? >> yes. >> i hate to sound like charles' puppet but his analysis is scintillatingly correct. i thought from the beginning 5-4 to strike down the mandate. the only really difficult question in my mind is how much of the law will to down with the mandate. on that one, i think that kennedy is the likeliest conservative to in effect go over to the other side in the sense he might just settle for a small slice of it. >> bret: bill? >> i think the chief justice will call it way he sees it. you get calculations about the legitimacy and reverse calculations but i don't like attacks on me, he knows that is a bad way to be a supreme court justice and bad way for supreme court, so i think they will vote the way they think is correct on constitutional grounds and strike it down