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more idealological favor eed judges on this. >> you start with a three-judge panel. it was a mix. you have one of the most liberal judges, and then you had a conservative judge and sort of moderate. so was fairly mixed. the ninth circuit is one of the more liberal courts of appeal in the country. there are conservatives, so going for the full ninth circuit may make sense for the backers of prop eight. but it was a mix on this decision. >> if you believe there's more that you feel we need to share, let us know. i assume you are happy about this decision, but, it was, it appears to be ...

more idealological favor eed judges on this. >> you start with a three-judge panel. it was a mix. you have one of the most liberal judges, and then you had a conservative judge and sort of moderate. so was fairly mixed. the ninth circuit is one of the more liberal courts of appeal in the country. there are conservatives, so going for the full ninth circuit may make sense for the backers of prop eight. but it was a mix on this decision. >> if you believe there's more that you feel we need to share, let us know. i assume you are happy about this decision, but, it was, it appears to be ...

Where they hoped to make a symbolic citizens arrest of insurance industry executives who were holding their annual meeting at the hotel. before they set up, the crowd was cheered on by former vermont governor and dnc chairman howard dean, also a former family physician. this morning, white house press secretary robert gibbs told abc news that he does not believe health care reform will cost democrats in november's midterm elections. >> i think this will be an accomplishment the members can be proud of not just in this election, george, but for decades to come. we'll have finally done something...

hopeless. trust me. peekskill, it's one of the great funny words. you can't escape that. >> i've been there. it's a very nice place. >> i'm sure it is. i'm sure this is slander, horrible. >> thanks a lot. really appreciate it. that does it for us tonight. i'm chris hayes sitting in for rachel who will be back here tomorrow night. until then e-mail rachel@msnbc.com and our podcast at itunes or rachel@msnbc.com. thanks so much for joining us. "countdown" starts now. good night. which of these stories will you be talking about tomorrow? the massa media tour, the now former congressman...

Reconciliation make the changes that the house wants so that the house -- so we can have a majority in the house and still have a majority in the senate. >> congressman frank pallone of new jersey, many thanks for your time tonight. >> thank you, lawrence. for more on the summit and what happens next, let's turn now to jonathan kohn, author of "sick" and a senior editor at the new republic who has been reporting on the health care reform crusade. it seemed to me the summit prepackaged messages from both sides, the democrats insisting that they were very, very close to the republicans with ap...