the full weight and respect to due precedent. >> those two cases were five to four decision. let me ask you about something that was unanimous. the supreme court ruled 9-0 the obama administration couldn't tell a church what ministers could be. the only controversial thing about that case is the obama decision tried to convince the supreme court a bunch of government bureaucrats can tell a church who the ministers could be. that case was 9-0. can you tell me if that case was decided correctly? >> respectfully i'd give the same answer. >> ok. those are relatively recent cases. let's talk about cases that have been around for a while. let's look at giddy and wainwright. it was decided unanimously a long time ago, 50 years or more saying a criminal defendant has