kennedy, he's got to move to the left. now, there's also been some pressure even on justice scalia on the right and people are saying listen, no, he's written a couple of decisions about the necessary and proper clause of the constitution, the commerce clause of the constitution that makes him -- that mandates him to vote for obamacare. >> so the suggestion is scalia would go to the left field? >> that would be a 6-3 vote in favor of obamacare. so it's interesting how the political process is working out in what is supposed to be the most sacred process in american politics where these folks go behind closed doors and make a decision. >> right now, kennedy is kind of in the bleachers. >> kennedy and a lot of the briefs have gone citing cases that justice kennedy has decided. citing cases that justice scalia has decided. to say to them, you guys are the critical votes and we need to
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