unconstitutional. it is very unusual. but it has been done before. and the chief justice doesn't appear to like the position that the president has put him in. both days there was real hostility from the chief justice toward positions held by the solicitor general. not because he did a bad job but because john roberts really just didn't like what he saw as the political views of the administration. >> you liz ebd to all the arguments yesterday, today, do you -- what do you see -- it's hard to predict. >> i know better -- >> it is hard to predict. >> yes. >> you see a mixed message coming out? what do you see? >> today was a little clearer than yesterday. it looked like and i say this with appropriate caveats it looked like there were five votes to strike down the defense of marriage act including anthony kennedy but not because it was discriminatory toward gay people. he seemed sympathetic to the argument the defense of marriage act was a violation of states