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Michigan case it in the pipeline. so here is the big question. is it a narrow ruling, is it broad sweeping, how will this decision impact an issue as you well know, a huge legal issue politically it can become very divisive issue. >> and this is an issue that involves a public university, the university of texas at austin. but private universities will be watching it very closely because so many of those private universities get federal funding one way or another. tom foreman is watching what's going on. we're awaiting the decision. but you have more background. >> yeah, we can't take you insi...

Minutes at this podium on to answer questions from the justices. that does not sound like a lot of time, but that's because each side has submitted extensive briefs, the justices are well read even before they reach this point and most of them in fact have opinions about it even before they hear the final word on it. shortly after everyone clears out traditionally the justices go behind that red curtain to another room where they actually have a vote right then on the case. so they know where they stand. if there is a minority and majority opinion or majority and dissenting opinion, justices a...

Districts who are worried about the other side, worried if they support anything that any opponent can call amnesty for illegal immigrant, they will get a challenge from the right who city you're not representing republican constituents the right way. >> rand paul wants congress to decide whether the border is secureded instead of the executive branch. that's a big -- >> reporter: that's right. and the truth is that in this measure that they will have a procedural vote on, it does give congress a lot more input into how the metrics or how the border security will be defined. and that also is c...

The idea that this has a practical application. how do you do it. one of the things he said to the attorneys is should someone who is one quarter hispanic check the hispanic box or some different box? and when the attorney said it would be the hispanic box, he said what about somebody who is one-eighth? justice sotomayor pushed equally hard against the fisher side because she basically said race can be a factor, the courts have decided that before, and she said you want to tell universities that once you reach a certain number, a certain percentage of minority students then you can't use race ...