ainsley: from a law perspective how do you defend him? >> that this was not the right case to take. but, i must tell you there needs to be a resolution of this. now, in my opinion, i'm with the state of louisiana. they should not be forced to spend their money against their will. they should not be forced to fund planned parenthood. they should not be forced to pay for abortion. but they will be until the supreme court can address. this. brian: roberts agreed with kavanaugh, right? >> yes, he did. so was the four liberals plus this is an odd combination. chief justice roberts is the swing vote and justice kavanaugh. but, it was very telling. justices thomas, alito and gulch. ainsley: why did they take it though because people don't agree with spending money on this. >> the supreme court has written a rule that says we don't have to tell you why we are not taking it there is no majority opinion. just the dissent from the three. >> good to see you. good on the first floor and second floor. first time i have seen you on this floor.