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That decision. as you know, the religious freedom restoration act, congress was dissatisfied with the level of protection afforded by the supreme court under the first amendment to religious exercise. the court in a case called smith versus maryland written by justice scalia said any neutral law of general applicability is fine. that does not offend the first amendment, so laws banning the use of peyote, native americans, tough luck, even though it is essential to their religious exercise. for example. this congress decided that that was insufficient protection for religion. in a bill sponsore...

Aopportunity to talk to you about that decision. as you know in rifra, the religious freedom restoration act, congress was dissatisfied with a level of protection afforded by the supreme court under the first amendment to religious exercise. the court in a case called smith versus maryland written by justice scalia said any neutral law of general applicability is fine. that doesn't offend the first amendment. laws banning the use of paoti, native americans, tough luck. even though it's essential to their religious exercise, for example. this congress decided that that was insufficient protecti...

Both opinions spend a preliminary several pages on standing issues and other inside baseball issues. but when they get to the constitutional analysis, it's night and day. >> how is this going to affect the debate, do you think? >> i think ultimately this is going to work its way up to the supreme court. i believe that this is governed by exist supreme court precedent, a case called smith versus maryland. i don't think that is going to be changed. i think it is going to come out the n.s.a.'s way. on the way there is going to be a whole lot of debate and discussion about what the n.s.a. should a...

Been under the amendment. if you entrust your data to a third party like a phone company or a credit card company, you have no reasonable expectation of privacy. >> but why did leon then say that precedent -- because he's a lower court judge, why did he say that supreme court precedent doesn't apply right now? >> he said technology has changed so much that the case no longer pertains. smith versus maryland wasn't about how or how much meta data the government collects. whether it's the local police or the nsa. it's simply the fact that your meta data is not yours. it belongs to the third party...

Going to iowa in a few days and most people don't know who you are, that's a good strategy to attack hillary but i don't think it's necessarily a policy argument. >> elizabeth warren has said no, hasn't she? >> there's a number of people saying no. a number of candidates could run and no one expected howard dean in the past and no one expected barack obama in the past. >> i expected barack obama. i thought this guy is on his way. >> well, you are exceptional. >> listen, i never once said i thought hillary was going to win. as soon as i saw that money and the polling indicated he had plenty of ...