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Was left dying in a car, but on the other hand you have the defense who clearly is objecting, objecting, objecting. they don't want it to be part of the style at all. is there a chance while damning, maybe circumstantial evidence, it might not even be admitted. >> there's always a rule, we call it 403. there's a balancing test. sometimes evidence is probative and helps a jury understand and evidence, however probative it is, is far outweighed by the fact that it may be really prejudicial. >> what do you think about this? >> i'm a defense attorney. unfortunately, i'm biased but i certainly symp...

Company, closely held, not publicly traded that has a clearly established religious view. and secondly, it's a balancing test. when the courts can find that the company's religious objectives on the one hand outweigh the government's interests on the other. and the government's interest on the other, in this case, were making sure that the women who work for these companies would get insurance coverage for contraceptive care. not all kinds but they were basically four kinds of contraceptives the company said would be the equivalent of abortion and violate their religious beliefs. what the majo...

Rights. congress could change the statute to broaden the interest or the rights on either side. and what the court did say is that they really are workable work arounds and that certain, only a certain privately held corporations founded and staffed by lereligious folk could be treated more like the law treats churches and other full blown religious organizations. there are work arounds. so maybe this looms -- this case looms bigger in the culture wars than in the actual world. it doesn't throw a monkey wrench in the system. more like a pair of tweezers. >> it really is. it's a balancing test ...

Secondly what happened during the argument is aereo's lawyer, david frederick, said the internet community was in his term freeblgd out by this case because of the potential effect on the cloud, about being able to store things on the cloud. what the lawyers for the broadcaster said is, yeah, but most things that people stick in the cloud, they've already paid the copyright fee on, they've created it themselves or downloaded it from someplace else like itunes, they paid the copy write fee. so the court was trying to say, all we're saying is when you try to do something like aereo, almost exact...

Can't exercise religion. >> they did press your side on whether this was a slippery slope. if hobby lobby can say no to those drugs. who's next, can someone come out and say, well, i have an objection to medical vaccinations, so i'm not going to pay for those. well, i have an objection to blood transfusions, i'm not going to allow those. can we run the law this way, with employers choosing piece mail i like this one, i don't like that one. >> for all of american history, until 2012, any employer who didn't want to cover vaccines could have objected. you never heard of any cases like that, i ne...