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scalia based an opinion in part upon that national academy of sciences report a couple years ago which just two days was expanded. they had another decision two days ago, expanding the need for credible science to be introduced, that the judge is supposed to be the gate keeper. perry has not been the gate keeper and i think, i agree very much with peter johnson, also with judge napolitano whose he spoke been this, that what he's opened up is an appeal, a very credible appeal of in the future because of evidence that's not credible. >> gregg: now, you've got a look of skepticism on your face here. >> i am skeptical. there's controversy about the report and who deems it's authoritative. and now, i think that many people all sides of the table will agree with other parts that are controversy, you know, they start to question science that's been peer reviewed and in the court for years and who is preparing

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