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The ability to perhaps withdraw this emergency, if they essentially dont have the votes it, the supreme court might say, well, you have the power to do that. were not going to d help you u your power. is that a possibility here, that that way they stay out of it? >> i think its more than a possibility. it would be a preference. if youre talking about chief justice roberts, he is an institutionalist and everybody says that he would prefer not to thrust the supreme court into major national battle...