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Challenge to the employer? do we see conservative legal groups to take a test case? what can happen? >> you may see both but an outside group would bring it on behalf of an employer who objects to capitulating with the mandatory tracking rule. again, they have to wait to be sanctioned by santa clara county where the punishment of a 2500-dollar fine and then every other violation that mounts. so only then could they bring about an action against santa clara county. we have to weigh in cs santa clara county actually enforces they are new rule. steve: from your past experience they are just down ...

Roy moore's victory a one-off thing or the beginning of a new trend? >> jon: it's kind of funny of funny how things turn. it was widely expected if democrats could take the senate. if mcconnell wins but he only has 62 votes, doesn't give him a lot of room to get things done without bringing democrats on board. >> he needs eight senate democrats to get anything done. he's also been able to use the fast tracking rule. which is what they try to do with the obamacare repeal and he still couldn't get it done. it's because they're republican conference right now really isn't one conference. the trad...