interference with states rights and thus unconstitutional, and the four democratic appointees, ruth ginsburg, the most senior, wanted to try to bring him along and that question was a way of trying to bring him along on that. it is interesting you talk about how it is a campaign pitch. just because you write the book on the supreme court decisions, explain to us who don t follow it as closely, what happens. now that they heard the oral arguments before they all decide, how do they sort of sit individually, parse through all of this, and it is ultimately the chief justice, correct? well, what happens is every week when there are arguments, arguments monday, tuesday and wednesday this week, on friday morning, they meet in the conference room of the chief justice. and this is the holy of holy of supreme court moments, no secretary, no law clerks, the nine justices, and they go around the table and vote. if the chief justice is in the majority, he assigns which