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Marriage ought to be afforded the same quality as heterosexual marriage. if we know that equality is equality why wait until the legislative process moves on? i mean if you extract justice scalia's argumentation to an awful conclusion then he might not have moved to address the questions of interracial marriage. he would have allowed the legislative process to play itself out on a whole host of issues involving civil rights women, gays african-americans, so i think what justice kennedy did was to show not only the seismic change in the american culture, but he dug deep into the law, and that t...

Washington, and the first thing they do is run against washington. i think he has done it in record time. >> and in terms of obama care itself, can we assume literally tomorrow, once the government is back up and running, the debt ceiling issue is shelved, we're not going to see the obama care back up, something the republicans wanted to see because they believe that president obama could be quite vulnerable on this. >> well, look, i think obama care is the law. i think you're going to see a lot of folks taking a long, deep look at the problems with enrolling on line. i think the issue of taxi...

Are political implications to a great many of the court's decisions and so the court and politics have never been far apart. >> and there is a split on the court on whether they believe the constitution is a living, or breathing document and we should be following the original intent. depending on the way we feel, it leads to the 5- 4 decision. you can point out the liberals are more happy with the court an the conservatives right now. and not all. one thing many on the left were unhappy about last week was the voting right's case. we will uphold the voting acts. and we'll not enforce the nine...

>> when barack obama says he wants to transform america, and he looks down his nose at people who cling to their guns and bibles, understand, he understands that the critical transition america has to make is to reject the declaration, to reject that living, breathing document of the constitution. >> and senator santorum joins us now from houston. senator, thanks very much for your time. we appreciate it. let's get right to it. i guess you've been watching what's been going on this week at these town hall meetings that some of these senators have been having. take a listen to this. this is eri...

About this is that our constitution is a living breathing document. that's the way the founding fathers set it out. so it is interesting how as we progress as a country and as how our culture anges, that we should see the constitution changing to fit different opportunities. but that was a very important moment. ted olson and david boies there with the four plaintiffs, this is their day. it sounds like from jeff toobin and joe johns that the justices were all over the place. so we'll have to wrat and sewai and equal rights for