court, is the sense that we want to give the states this power from the conservative standpoint, and that goes against science. so then just forget about science and make up standards as we go along. >> and steve, to the question of precedent, justice sotomayor talked about or asked the question will the institution survive the stench that this creates in the public perception. this is all political. >> i think it's the right question from justice sotomayor, and one of the things that really came through in the argument today is, yes, there have been bad precedents throughout the course of history, that the justices have overruled. usually, though, in the favor of expanded individual rights. here we have a case where overruling precedent would be to take away rights that the court has recognized. we haven't seen that kind of decision where the country is so evenly divided, where there's so much reliance built into women assuming that they have the