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Pushed the recall were kind of people who led up to the kind of sentiment led up to the tea party, celebrity politics. arnold schwarzenegger, donald trump. very different people, very different politicians. but big, big household names. >> well, it's really fascinating. i can't wait to listen to this podcast, dana. you're going to be back with us in just a moment. just to tell our viewers you can listen to this wonderful podcast, total recall, california's political circus wherever you get your pod casts. there will be new episodes dropping weekly so be sure to subscribe so you get all the lat...

To the death penalty stuff right now because there's so much going on around that issue. is it -- from a legal perspective is it remarkable that he is basically begging the legal world for a case to rule on the death penalty's constitutionality again? >> it is certainly unusual. it is striking. we know that the court is generally reactive. it takes the cases that come up, and it doesn't have the opportunity in opinions or in other remarks to say bring us this or that. it can because as you saw, the justices can say or, as you point out, not say whatever they choose. they do have life tenure. s...

Generally reactive. it takes the cases that come up, and it doesn't have the opportunity in opinions or in other remarks to say bring us this or that. it can because as you saw, the justices can say or, as you point out, not say whatever they choose. they do have life tenure. so what you see here is a growing sentiment led by justice breyer and other justices on the court to say let's not just look at the margins, let's look at the way this country at this point in time metes out capital punishment and question whether it is indeed constitutional. >> he is making the argument, and the reason h...