the federal courts you have the appeal court level and normally you have to go up that order. sometimes it will allow you to skip that court of appeals and go to the supreme court. the point is, jason, the d.o.j. is saying, no, we're not even going to join in the request to have the supreme court decide it right away. why not? >> they're afraid. and they want to get steam up, try to get some of the law implemented. most of the goodies of the law don't start until 2014. but the more health insurance exchanges that are put in place, the more momentum they've got, and as much as we don't like to admit it, megyn, the supreme court does take into consideration popular opinion. you remember during the new deal when roosevelt threatened to pack the court. it was called the switch in time that saved nine. the court did a 180 on new deal