which has discretion whether to hear the case. usually the court waits for disagreement between lower courts. but if they hear that national security is involved or the president needs a decision sooner the supreme court could jump in. and as pete said, whether or not knl gore such will be confirmed in time to hr the case could be an issue as well. >> last battle for was a deadlock, 4-4. last question here, when you look at the litigation stroomg, your professional view, not your opinion, what did you make of donald trump reacting to this opinion, saying the first ban was a watered down version of the first ban that he would like to go back to the first ban. what does that do to your strategy. >> to the degree that want to prove they are independent and don't like the attacks on judges and want to show they won't be