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Pending on appeal and most legal experts tell me they think the court will grant it. here's why. it will be many months, maybe up to a year before the landmark case is heard by the appellate court and experts say the justices are probably going to be more inclined to preserve the status quo, during this period, rather than allow thousands of gay couples to get married, only to face legal challenges down the road if, eventually the ruling, the landmark ruling, is overturned by a higher court. bill: and with the 9th circuit court is where the judge is sitting and what can happen in that court? >...

Any president is supposed to do that. and there is that language in the 14th amendment that seems to be, you know, you can interpret it as a slam dunk. you can go ahead and do it. and then if somebody wants to bring a court case later, fine. the supreme court can decide at its leisure. but the disaster will have been averted. i don't think there's a choice. >> well, look, i have been thinking about this a great deal, ever since i read this great editorial that suggested that this 14th amendment piece and what was going on with the debt crisis was in part like a game of chicken, right? they are...

>> well, you know, the problem and the heart of the problem, right now, patti an, no one, not even the judge, can answer that question, specifically what the jury said in that note that they sent to the judge, that they failed to reach unanimous agreement on given counts. the judge sent a notebook to them saying based on what they had given him he was unaware of the status of the delib raiks, he didn't know if they were hung up on all 24 counts royce be rod blagojevich, four counts facing robert blagojevich. he sent the notebook asking for clarification. >> how is blagojevich reacting to the n...