we mentioned two other courts we're waiting to hear from. we expect by the end of the summer, we'll have those three rulings in. if they differ, that provides that split among the circuits and that's perfect and supreme court makes it right for them to take it up. do you think it ends up on next term for them? >> i think there's a good chance you will. particularly if you say another court of appeals comes down and says the law is unconstitutional. then you would have an untenable situation where the law might be enforcement in some states in the country and not in others. if you say that's exactly the type of case where the supreme court says we need to jump in and resolve this once and for all. >> there are folks on both sides of the aisle now on capitol hill asking for investigations and pushing for a couple of the justices to recuse themselves. there's questions about how much justice kagan was involved in health care strategy and justice thomas whose wife tends to benefit from overturning health care. are those justices going to