balance of power is not going to be changed, the supreme court they argue is losing a pragmatic liberal and "the wall street journal" editorial board says, quote, the president would be wise to pick a liberal in the mold of justices breyer or kagan rather than sotomayor who seems more interested in fiery dissents. you clerked for both justices breyer and kagan. what do you think of that analysis? >> i think it's important, jake, to recognize that the president has an opportunity to nominate a justice that has to rise and meet the moment that we're in. i think joan is right to say that when justice breyer is gone, there will be a hole in the court, but i think there's already a hole in the court because that middle ground that might have existed years ago we're seeing already is disappearing or gone. the court even in the past year or two or even the past few months has shown that it's a court that's trying to run, not walk, towards substantially