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The case load is roughly a third of where it is in the other 12 circuit courts of appeals. as you point out some are in tough shape. it seems like it would make sense to allocate these judges to places where they are needed rather than to add them up on the dc circuit where they are not. >> democrats clearly probably not going to go along with that plan. they have said that they had these open seats and they want to see them there. at the same time they are going to fight your efforts to block these nominees. there is talk among senator leahy and even the vice president mentioning they may wan...

W. bush's nominee. they say there was not enough work to do. the work lead has gone down since that time. the senator has a sensible piece of legislation that would transfer these seats to other places in the country where they have a very heavy case load. at a time when the budgets are tight and we are looking for places to save it seems to me using these judge usa pointed by president obama -- appointed by president obama by the way and in other places they are needed makes sense. >> you mentioned judicial emergencies and just so people understand there are federal circuits one step below th...

Continue, but it is not about their qualifications. that's not what is holding them book. the potential nominees on a court, it is something else. senator, good to see you. >> good to see you, shannon. >> we are talking about the dc circuit. one of the reasons it is important is it serves as a critical check on the epa, the irs and the hhs mandate ruling dealing with the contraceptive mandate. it is an important court and currently evenly balanced between appointee, nominees from democrats and republicans. even changing one could set the balance. democrats are not saying shyly it is something ...

Manage its own budget which is what we ought to be trying to do which is to allow, provide flexibility to the state so they can solve the particular needs of their state in a way that minimizes the cost and maximizes benefit. that's not what this particular administration wants to see happen. they would never have granted the rule even flexibility in rhode island. some governors look at that and say i hope at some point i can get that freedom. others say i have confidence within the current regulatory seem scheme i can manage my case load. a lot of republican governors have said we're not goin...

Why some are doing it, is it smart or not smart? >> i'm dubious about it. medicaid is second class health care. second of all, it's highly partnership tiff from the federal level. we do have evidence that if states are given flexibility in it, the state of rhode island was given flexibility in the closing days of the bush administration to implement an interesting plan to basically take the value of medicaid and rather than give it as a government benefit to allow individuals to access that money for private benefit and to have a whole series of other regulatory freedoms that are not allowed t...