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About. surprising because why take this case? it was obscure a few years ago, now it has the platform of the supreme court. >> this theory goes back a ways. legitimate thought experiment it started out as. . the way it played out, you have the three liberal justices. they want the whole just the legislature. the swing here, the three swing, kavanaugh, roberts and coney barrett. >> let's listen to justice coney barrett. >> i was going to ask, is your test just a way of trying to deal with our precedent or are you rooting that in the constitution itself? because you do have a problem with explai...

Of other constitutional law, and we want, and of course, the courts interestingly enough, it seems as though they were not buying into the theory that you're talking about, the surprising ali, why take this case, it was obscure a few years ago, now, this now is the platform of the supreme court. >> this theory goes back a ways. this has been a pet project of legal conservatives. legitimate thought experiment, it started out as, but now it's coming into fruition. there's a numbers game here. you need for justices to take a case, of course you need five former jordy, they did get the four votes,...

Making excuses for herschel walker. >> yeah, i mean, the way that i have run the thought experiment i had is to just take 30 seconds to consider. who will be the electoral results in the divided state of georgia if the black democratic nominee for statewide office had herschel walker's package? i mean, it is just like, obviously it is not gonna happen. you now have the full team trying to pull the finish line, including governor brian kemp who i think helped him probably the first time around because he is relatively popular. was on the ballot. he is not this time. he will be campaigning for h...

Name. how barnes may need to dig up his own birth certificate before adding this. >> remember, the good old days, when that was the craziest thing that people said. [laughs] think about that. that wasn't that long ago everybody was like, that some crazy stuff. now it doesn't even make the top ten list of crazy. >> and in georgia, he owned in on the joke, the joke candidate the republicans were running for office. >> let's do a thought experiment. let's say are at the airport, you see mr. walker you say, hey, there is herschel walker. heisman winner, let's have him fly the plane. [laughs] you p...

That wasn't that long ago everybody was like, that some crazy stuff. now it doesn't even make the top ten list of crazy. >> and in georgia, he owned in on the joke, the joke candidate the republicans were running for office. >> let's do a thought experiment. let's say are at the airport, you see mr. walker you say, hey, there is herschel walker. heisman winner, let's have him fly the plane. [laughs] you probably wouldn't say that. you'd want to now, and does he know how to fly a plane. >> when he's right, he's right. so, what's the message for democrats, drop the planning