to that past system where you can have the sort of monty card game going on where you're not too sure where the laws are going to end up on voting -- on the day of voting. and we have seen a lot of these encumbrances in just the last election across the country. >> are you troubled by scalia's comments about the congress making these decisions instead of the supreme court? that maybe they should be doing it? >> i was -- it was a breathtaking comment. it was also pretty ill-conceived. i mean not only is he getting the entitlement wrong as to whose entitlement should really be worried about here, i thought it was humorous. it has such a nice name whom. would vote against it. he didn't seem bothered by the patriot act that had a pretty nice name too, but he didn't question that one. but what is really amazing is he was articulating what we call a super legislature system where the judges sit as the super legislature. many conservatives use that as a way of describing judicial