until now between both sides that you make these appointments and the next president does the same. the justices said there's not a problem with recess appointments. there's not a problem with the pro forma sessions that the senate did. they were in recess, but they kept the senate going every three days essentially doing that to prevent recess appointments. they didn't have a problem with that either. what they had a problem with was the short time frame. it was less than ten days, they said, and that wasn't enough time for the senate to truly be in recess for the president to make those appointments. so that's how hay say he overstepped his constitutional authority. >> this is jeffrey toobin's dream come true. we have another one we want to talk about as well. the court handing down a key free speech case. it strikes down the massachusetts law that restricted protesting about abortion on the public sidewalks 35 feet within a buffer of an