will this make the senator popular or unpopular? in that level of politics, i don't see it here. >> if you apply that view to their decisions, what he's saying, when it comes to abortions, affirmative action back up before the court, and four death penalty cases, he said they look at them for the outcome and the constitution, not what people are going to like in the short run. >> which is not really what a lot of people think. they think they're playing politics with some of these decisions. you just mentioned abortion, is that going to be the big one if they take it on in this term? >> i think it's significant. we got a clue earlier when texas made those rules that made it harder to go to clinics. the courts stayed that, they stopped texas from going forward. they could then decide to hear the whole thing and that goes to a question as to whether the safety regulations that we hear about, often from republican legislatures, are in the court's view, too far down the road