both opinions spend a preliminary several pages on standing issues and other inside baseball issues. but when they get to the constitutional analysis, it's night and day. >> how is this going to affect the debate, do you think? >> i think ultimately this is going to work its way up to the supreme court. i believe that this is governed by exist supreme court precedent, a case called smith versus maryland. i don't think that is going to be changed. i think it is going to come out the n.s.a.'s way. on the way there is going to be a whole lot of debate and discussion about what the n.s.a. should and shouldn't be doing. my hope is that it will emerge largely unchanged and unscathed. >> when we look at the two judges involved here, judge richard leon in the washington district court -- he was a george w. bush, bush 43 appointee, and judge paulson in new york, a clinton appointee -- do you suspect there's any politics at play here in the decisions rendered?