>> justice kagan points out there's a loophole that's been exploited here or used here, which is the private suits are enforced by state court clerks or judges. so the question becomes should we extend the principle of ex parte young to in essence, close that loophole? >> amy cone knee barrett, brett kavanaugh. joining me is former texas state senator, wendy davis. welcome back, it's good to have you back so soon again, wendy. you just heard two of the court's conservative justices, they were expressing doubts about the constitutionality of the texas law. chief justice john roberts also expressed some concerns, so how about you? what was your takeaway from what they were saying and is the texas law now on shaky ground? >> i think it's definitely on shaky ground, alex, and certainly we were feeling a lot more hopeful after the hearing on monday than we were prior to the hearing, but i think it