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Opinions because whatever they write will be subjected to great scrutiny. the supreme court rarely rarely rarely gets involved in a case at this early stage. so this opinion, for better or worse, which ever way it goes, might be the last word on the preliminary stage. >> heather: well, just as we all wait for the courts to uphold or do away with this. let's talk to francisco hernandez and troy slatten a criminal defense attorney and former prosecutor. troy, give me your prediction on what you think the outcome will be right now. >> it's hard to predict what judges will do. if the 9th circuit i...

Unconstitutional. it is. but quite frankly it's a 120 day order. all they have to do is hang on for 120 days and it's moot. that would be the better way to go at it. >> heather: they were saying the supreme court rarely will take off something this new, if you will. is that something you agree with? do you think this will not go further than it has right now? >> i do agree. justice kennedy, who's in charge of the 9th circuit, could decide to lift the temporary restraining order that judge robart put in place. or the entire supreme court could weigh in if who ever loses in the 9th circuit decid...