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Regulations are still law. >> okay. as long as it's your position that's what you meant by matter of law. >> just to make it clear, i said i don't know what i meant. when i look at it now, that's what i think. >> so let's go on to recusal. and let me -- there's a case that is somewhat on point on all of this. it's the kaperin case out of west virginia. as you'll recall, it was a civil case, right? >> yes. >> and it came to the supreme court because there was an objection that a judge should not sit basically the problem should not sit in his own cause, so to speak. and the problem was that one...

That judge had -- whether that donor, that party, had a significant and disproportionate influence -- ooh, we didn't spell influence right, in placing the judge on the case. correct? >> i believe so. >> and so justice kennedy -- >> the justice kennedy opinion. >> decided the constitution requires recusal. >> mm-hmm. >> if the constitution requires recusal of a judge who was the beneficiary of a $3 million piece of political support to help him get into office, wasn't it follow per force that the person who actually appointed the judge would be in a similar or stronger position of significant a...