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Roba a robart's decision could be reviewed without a written opinion. >> let us understand it procedurally. that would be a circuit reviewing a federal judge's opinion. at that point does it go to -- i guess i'm trying to get at is how soon could this get to the supreme court and is that inevitable? >> depends on the parties. they could try to appeal from the panel decision or instead of going for the inbank, they could go directly to the supreme court. depends on which party the loser is on the appellate stage. because it's a tro, it's a bit odd. this is normally not the course that an appeal...

Lining up and other justices, perhaps, in a 4-4 tie. in a tie, government wins. those four provisions with regard to stopping illegal immigrants and with regard to reasonable suspicion and i.d., they go out the window. >> but only in the nineth circuit. >> correct. only in the ninth circuit meaning we could come back again in other states in the south on this exact same issue. >> ok. >> so right up front, you have kennedy. >> critical vote. justice kennedy, critical vote just as he was on obamacare, we anticipate that -- >> switch hitter? >> i don't know if he's a switch hitter. we'll hear som...