and these two decisions is dissenting on marriage agreeing on obama care. he doesn't like to see the court as a political institution. he hates it when we describe a liberal block or conservative block of justices. he is concerned about the court's legacy and his own image. >> we know where three justices always are going to be on the right, alito, thomas and scalia and four justices on the left when it comes to kagan, briar, sotomayor, ginsberg and it's kennedy and roberts are the swing? is that what we're looking at here? >> we often see that on the social issues. where we saw the fault lines was in the marriage decision. two different things the court does. interpreting statutes the obama care decision. the other is saying what liberties does the constitution protect and that's where the court's liberal conservative fight four divisions are the sharpest. >> between scalia and roberts,