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Judges could petition for reallergy en banc to hear the case or make an appeal to the u.s. supreme court. thats, ultimately, i think we were talking about the case, but i think thats a likely outcome. >> one way or the other get to the supreme court. lets talk about the dynamics on the supreme court. in six weeks, youre going to have the process begin for judge gorsuch. youve got a 4-4 split. but justice kennedy is often seen as a swing. what about the dynamic there? >> youre right, we dont say ...