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And then they'll have to make a decision, whether to accept half a loaf or whether to try to appeal to the supreme court, where you get an uncertain result, because you have the 4-4 split. >> professor, do you agree with professor dershowitz, and what would that split look like of getting half a loaf? >> well, i mean, frankly, if the ninth circuit is going to abide by existing precedent, they probably should, i don't know if they will, but they certainly should kick washington's lawsuit out on the issue of standing, because the state of washington doesn't have the kind of concrete particulariz...

Result, because you have the 4-4 split. >> professor, do you agree with professor dershowitz, and what would that split look like of getting half a loaf? >> well, i mean, frankly, if the ninth circuit is going to abide by existing precedent, they probably should, i don't know if they will, but they certainly should kick washington's lawsuit out on the issue of standing, because the state of washington doesn't have the kind of concrete particularized injury that we normally demand in cases like this. but having said that, if the ninth circuit plays politics with this case rather than going with...