road so readily. we cannot be in a position we don't take up arms and engage on this issue on the polarization of the court until there's a vacancy on the supreme court. we have to tell the people what's going on. not a healthy story for our courts or country. >> does mitch mcconnell ultimately get rewarded for as many democrats in your caucus put it, stealing a seat from obama and not having to play by the same rules they can ram this through? >> absolutely. if you look at the other cycle he is in, you have a republican controlled supreme court with five justices that have a united decision which opened up unlimited political money, which then fell in on democratic senate candidates like evan bayh and russ feingold and governor strickland, and so massacred them so early in the race that their double digit leads shrank