KELLY: And it's not discriminatory.
O'REILLY: I guarantee you the ACLU appeals it up. The Supreme Court will do exactly the same thing. They will find a loophole, all right, to nullify the vote.
KELLY: Well, they might.
O'REILLY: They will.
KELLY: They might we saw something similar in the Arizona immigration case.
O'REILLY: Right. They will fight so what are you --
KELLY: But -- but the fact --
O'REILLY: -- wait, wait, wait.
KELLY: The fact that you can predict how the Supreme Court is going to rule or make educated guess -- well there's that -- doesn't mean that they are a political body.
O'REILLY: No, no, no.
KELLY: It means you figured out their ideological bent.
O'REILLY: Wait a minute. I'm going to ask this to Krauthammer who is coming up behind Miss Megyn. You covered the Supreme Court.
O'REILLY: And I have always had the utmost respect for the Supreme Court except for the Dred Scott decision and the few of those things in the slave years which were awful. I didn't like Roe v. Wade because it was another loophole of privacy. It had nothing to do with the Constitution.
But right now, aren't you kind of worried that the nation's fail safe which is what the Supreme Court is, that keeps control over the Congress and the President is now gone away from that and is into politics? And finding a way to justify their political beliefs?
KELLY: I don't believe that they are into politics.
O'REILLY: But they just did. Roberts did it with Obamacare.
KELLY: No but you and I have been arguing over this for years. No listen what Roberts did with Obamacare was wrong because he said when he was getting confirmed.
O'REILLY: But he found a way.
KELLY: No but let me finish my point. He said "I'm either going to call balls or strikes on the umpire. But what he did unlike the other eight Justices on the court was he saw a ball and he called a strike. Now that's not what we put them on the high court to do.
O'REILLY: See this is what I mean though.
KELLY: He wanted to protect the reputation of the court that's not what he is there for. But the other judges --
O'REILLY: Can I just say why you're desperately wrong.
KELLY: They vote their ideology Bill. Not their -- it's not the same to say it's political.
O'REILLY: But it's not all the way down the line. It's just they -- they come up with a political belief and they try to find a law to support it.
KELLY: No I don't -- I don't agree with that. One side believes in a living breathing Constitution and other side is not. It leads to some very split 5-4 decision.
O'REILLY: Ok but here's why you're wrong about Roberts. Roberts is much smarter than you're giving him credit for. He didn't call the strike a ball. He knew it was a ball but he wanted to pass Obamacare. John Roberts as an American wanted to pass this law.
KELLY: No I don't believe that. I don't believe that.
O'REILLY: And found a way to do it.
KELLY: I don't believe that for one minute, you know how conservative that guy is.
O'REILLY: Not in all things.
KELLY: No I covered his Supreme Court confirmation hearings wall to wall. I read virtually everything the guy ever read. He is a conservative man. But that's irrelevant. He can go out on the Supreme Court whether conservative or liberal. He is supposed to vote according to his conscience. And what he reportedly did was vote with the liberals to uphold Obamacare because he wanted to protect the reputation and integrity of the high court. That's not his job. Even as the Chief Justice.
O'REILLY: That's right. That's not his job.
KELLY: That's why I say the other --
O'REILLY: Well you and I are actually agreeing on this.
KELLY: -- the liberals -- the liberals saw a strike and called a strike. The conservatives saw a ball and called a ball. He did the opposite.
O'REILLY: You and I are actually agreeing -- you and I are agreeing on Roberts, all right. He wasn't looking out for the Constitution he was looking out for his interest --