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Ainsley: sounds like based on what the supreme court said something is messed up. they didn't say it's constitutional you said wording? steve: rule making was confusing. pete: yes. rationale. the supreme court is not supposed to take that into account. the supreme court said look whether or not it's constitutional. otherwise, they are use, judicial activism and that's what appeared to happen in this case. steve: right. they said to the trump administration, go -- you know, we are not saying you can't do it. just go back and figure out a better rule because this one we don't like. pete: that's ...

And if you have an undercount, you could actually end up unlawfully denying a state an additional seat in congress. and this gets to the issue of timing. the notion that the president wants -- oh -- >> we'll delay the census. >> this is just like going shopping at the store. we will go shopping next week. first of all, they have put themselves in a box because they said repeatedly during the litigation -- and i have followed this litigation very, very closely for obvious reasons. they said we must have a decision by the end of june in order to administer the census in a timely fashion. and so,...

Is this five months down the road? >> it's years down the road in the sense that we need to understand what types of new regulations are required for crash one way or the otherness. and that really has to do with the next generation of aircraft that come out that may have light weight materials, nonmetallic materials and those types of behaviors are something that we need to understand and potentially have some new rule making that would involved potentially some testing to understand how that crash behavior differs from a metallic aircraft. ed: absolutely. this was fascinating story. glad you...

Unelected bureaucrats? the past week democratic candidates said we should bypass congress to enact gun control and protect abortion and to fight global warming. give the agencies more power. that's an attack on democracy when you say that? >> yes, and it's showing you that the bureaucratic agencies, the permanent branch of government, tend to lean left. if you are looking to get things done that have the force of law but don't go through the legislative process and are not accountable to the people. turn to the bureaucracies for rule making. the rule making that goes on doesn't come from congr...

Influence over elected officials, right? the past week twice i've seen democratic presidents candidates say we should bypass congress to enact gun control, to protect abortion, and to fight global warming. we should let the agencies do, give the agencies more power. that's an attack on democracy when you say that? >> yes, and it's showing you that there is a believe and it's well-founded, that the bureaucratic agencies, the permanent branch of government that never changes hands, people who will be there in their minds for decades, tend to lean left. if you are looking to get things done that ...