lines up. any time a judge at any level has some sort of direct or indirect personal financial or familiar in the case, they should remove themself from a case. we've seen that. both sides have done that in recent years. clarence thomas has done this two times. there was a case in 1996 involving his son was a student and justice thomas said i'm out of this case. and so if he's going to recuse there, there is a very strong argument that he should recuse here. and it doesn't matter if they are plotting over the breakfast table. no one is accusing them of that. but the appearance here is very bad and damaging to the supreme court institutional standing. >> so now that justice thom is out of the hospital, we're glad to hear that, should he have to give a public response to this controversy? >> i think we want to be respectful of somebody's health