the presidency and the congress. and you sit there and you don't expect you are going to be attacked grew do you tusly as the court was. first of all, if you are going to attack a the court in a setting like that, you should get it right it was not a century old precedent. that is the 1907 tillman law which outlawed the direct giving of money by a corporation to candidate. that was never in dispute. it wasn't in this decision at all. it was left standing. what the court overturned in united the case is the indirect expenditures of corporations and unions. when alito said not true he was right as well. i hope next year there are nine empty seats in the state of the union address. that would be the appropriate rebuke. and if the republicans are in power, and control the house, they ought to make sure that the nine seats are empty. >> bret: what about, fred, the unprecedented nature of the chief justice speaking out like this even though it was a q and a with students at the university of alabama.