and 10th circuit pointed out and the supreme court, some of the justices realized it is the law, we should let it be followed. shannon: don't let this be a place you gave on brett cavanagh because you can't trust what they did, brian fallon saying he's playing possum and won't be for long. progressives need to get serious about reforming the courts. sounds like playing possum. >> we know what happens with a possum. it becomes roadkill eventually. i am not sure where brett kavanaugh is going to fall here. at the end of the day you have to look at the chief justice. look at his record on issues like obamacare. didn't turn out the way conservatives hoped. republican presidents going back forever have a very bad track record when it comes to putting true constitutionalist on the highest court in the land. shannon: an opinion piece in bloomberg references the idea that robert and brett kavanaugh