their preliminary vote two months ago. >> you've been there in front of the supreme court arguing more than 45 times. let's go back to the supreme court in this extraordinary opportunity to listen in, to be in there and listen to what the supreme court is thinking and asking. >> justice thomas, anything further? justice breyer? >> i would like to just be sure that i have this. your basic point, i take it here, as we've discussed it, is this kind of a private lawsuit is not an ordinary tort suit, okay. so i've tried to write down the reasons and i want you to add anything i leave out. one, anybody can sue. well, okay. debatable. two, anywhere in texas. texas is a bigger problem than rhode island there. three, it has no preclusive effect, jones one sues the