related issue so soon after brett kavanaugh's contentious nomination. justices to debating these cases before his arrival and he may have chosen not to be the fourth vote to accept the case. shannon: thank you very much. some conservatives voicing disappointments with brett kavanaugh and liberals say not so fast. isaac right and the host of foreign country on fox nation. welcome to you both. a little more from justice thomas's dissent. he said because there is a split in the lower courts the division in the lower courts stem at least in part from this court's lack of clarity on this issue. responsible for the confusion among lower courts and our job to fix it. if there is a split, if there is a need to weigh in, we are not answering the questions they want us to answer.