i think that is what they are look at here. >> bill, there is a supreme court precedent, though, a 1990 precedent written by justice scalia in the famous peyote case that said religions must abide by this kind of regulation as long as it applies to everybody. >> generally applicable. >> that is why what colin says is important. the law was passed largely in response to that decision. >> the 1993. >> and it puts the burden on them. the facts of it are the obama administration has given so many waivers on this law. hard to argue a case is that compelling if you are making exceptions. a vaccination and you are evercoming some group you have to vaccinate everybody. the second is to do it in the least intrusive way. the facts are really against them on this. >> well, a large part of this will hang on whether or not therefore this is the least