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Do you see that elevating the supreme court into playing a more prominent role in election year politics and do you know if the supreme court cares? >> it's a very, very strange set of events that leads the court to say continuously and i think across all idealogical lines, rachel, that they're not partisan, this is not junior varsity politics. that they are umpires, that they try to just apply the law. and then they turn around and do things like, you know, we saw the argument in march in the health care cases and we heard those broccoli sound bites. again today we heard, as you said,v. very ...

The supreme court will decide whether the health care law is constitutional. regardless of the court led by chief justice john roberts and sharply divided along idealogical lines has made it apparent the next election will have far ranging for the future of this country and how it's governed. jonathan hurley is a professor at georgetown university. good evening, sir. >> hello, martin. before he was confirmed, it was you who predicted martin would be a very conservative justice. for how much is he responsible for the court's rapid movement from being a purely judicial body to now being a politi...

Jon: comparisons have been made to things like seatbelts. if you want to get a drivers been or keep your driver's license the state says you have to wear a seatbelt these days. not a fair comparison? >> you're getting a driver's license. the question i ask what are you getting here? this is really cost of citizenship in the united states. tough participate in this program or you're penalized that raises a whole host of issues not the least of which is there constitutional authority that allows congress to do this? the courts have been split. it is not falling on idealogical lines the 11th circ...

>> what is the weight of signing statements then? have they ever been tested in a court of law? how much persuasive evidence are they that there's an alternative argument here? >> the alternative argument is that the president may disagree with an item that's in the bill and he has the authority then under the constitution to veto the bill. and then the congress can decide whether to override it or not. that's his option. so the task force that i was on that you mentioned found unanimous -- this included people from right and left. it was a very -- across idealogical lines. we all agreed that ...