justice kennedy did there. >> adam, to my understanding, the supreme court justices are not supposed to be politicized, but it seems like we have a mini senate that's divided 5-4, so many of the ruling fall along those conservative, liberal lines. is that because an outgrowth of hyperpolarization in politics leads to that? is that the reason why we have that? is that hurting the process with the court? >> well, it's possible to overstate it. remember, only about 20% of the cases are 5-4. not all of them spin out ideologically. the biggest ones do tend to. these days, for the first time in decades, it also splits along the lines of which president appointed which justice. all of the five more conservative justices were appointed by republican presidents. all of the five more liberal ones by democrats. that gives rise to the feeling among some that the court is politicized. >> so adam, let me pick up on what you were just telling jonathan. sometimes there's a conversation between the court and congress