john roberts said this in the order. trump's order is expressly premised on legitimate purposes preventing entry of nationals that cannot be adequately vetted and inducing other nations to improve their practices. the text says nothing about religion. you said something about this issue way back several months ago on this show about having the court look at things that a candidate may have said and whether that should weigh-in on a justice's decision. looks like they're saying it does not. what do you think? >> that's right. that was the issue we talked about. when you have what we would call extra judicial statements or in this case campaign stump speeches or tweets. all of that is information that fairly contributes to the general public's feeling about a particular executive action. the question is whether a court of law should include that in trying to figure out if something is constitutional or not. we agreed it was problematic.