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Religious groups if they had a compelling state interest and if they could demonstrate their least restrictive means, the only way they could achieve this aim, was dealing with not a central part of an individual's religion. it was a curious compromise that led sandra day o'connor every time to be voting in favor of stet regulation. the smith case was really scalia's solution. he turned the clock back to the secular regulation rule and allowed for exceptions. that's what we're talking about now, the hobby lobby case, more a question in the larger sense of where individual religious based corpo...

Through their elected representatives. it gives a clue on what will happen with proposition 8. but justice scalia is still reading this dissent from the bench. he's aparentingly pretty emotional about it. bill: i'm reading that bench statement is lengthy and you mention that can be rare at times. is it today? >> reporter: i would have expected today in something as heated as this controversy. that the difficult isn't iters at least one of them would read from the bench. in other cases where justice ginsburg has been on the losing side, where the losing sight is upset or confident in its reason...

Opinion that was issued. his discussion of the new administration policy on deportations was in his bench statement. so it was a little strange to have him make such important points to him that aren't actually in the opinion that he issued. >> now, he's saying that if the federal government isn't enforcing a law to the satisfaction of a state, he believes the state can then go enforce it. so if -- say the state of massachusetts believed that we were not doing a very good job enforcing federal tax law, income tax law, that the state authorities could just go grab people's federal tax returns a...

Union and this is the responsibility of the federal government's. the other thing that was unusual, the most strident parts of the opinion you were reading from weren't in the written opinion that was issued. his discussion of the new administration policy on deportations was in his bench statement. so it was a little strange to have him make such important points to him that aren't actually in the opinion that he issued. >> now, he's saying that if the federal government isn't enforcing a law to the satisfaction of a state, he believes the state can then go enforce it. so if -- say the state ...

From health care and immigration to money and politics, the supreme court is certainly shaping a lot of the political debate. but new questions are being raised about justices getting political. today specifically, justice scalia. he issued bench statement with his opinion that took a shot at the obama administration's new immigration policy not to deport some young people brought here by their parents. scalia said it boggles the mind because federal officials have been unable to remedy the problem and, indeed, have recently shown that they are simply unwilling to do so. joining me now, a lawr...