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Now and even with proposed -- what is proposed is less restrictive. bill: you don't buy it at all. >> not at all. bill: we go to the case here, that we are waiting to get word, and, what the governor is arguing, ann marie -- the law has not been proven because it has not been implemented yet. >> that's right, no harm because nothing happened and after it takes effect there may not be harm depending on how it takes effect. bill: and with your argument does the judge wait until it goes into effect and measures the impact or does the evidence have to be reintroduced in her court. >> it depends on...

Considerations of color, race, ethnicity, national origin in the law. it goes to very clear links to prohibit racial profiling. the same preemption arguments have been made three times before in previous arizona laws and all three times arizona has succeeded and won in court. they are three for three. i think they will be four for four when all of this is over. gregg: it would probably be hard tore the -- for the feds to say this is violation of civil rights when the law hasn't even gone into effect yet. nobody's rights have been violate. judges like to make narrow rulings and i can hear them ...