i'm not going to make a deal at this point, and essentially the fact that the department of justice is already conceding some points and willing maybe to get half a loaf, the attorney general took as a side of strength, how do you see in. >> the fact that you talk about settlement and negotiating things, mosh of a civil lawyer role here. you're talking about whether there's a constitutionality issue, splitting the baby is not pertinent in these sort of cases. but why standing is important is the supreme court is a policy court. they're not interested in having something on first impression. they want to know that there's been a diligent and thoughtful opinion by a lower court that talks about this issue, and although judge robart has talked about the issue he has not give and full ruling on the merits of the court. until that happens, the supreme court is going, this is