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that would allow about 5 million people who ho are here illegally to stay in the country not be deported that was immediately challenged by 26 different states. they got a big win in february when the whole thing was put on hold. last night when the fifth circuit is, you know, it's just one step below the supreme court for those who don't know, of course greta knows, basically said we are going to affirm what that low lower did. go nowhere. >> made court appeals. >> 'to 1. >> what did president obama and justice department decide to do. >> they have immediately decided theying go to go it to the supreme court. got to be fast-tracked now to make it through the term which ends in june. sounds like a long time away. but the calendars for arguments are pretty much filled up in the spring. this would have to be heard in march or april. decision would come in june right in the middle of a heated presidential election. again, there is no guarantee the justices will take it. >> the judges get together and decide whether or not they are going to consider that and there are nine of them how many is it going to take to decide whether they're going to consider it? >> >> to hear a case get a

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