they never even cited, sandra, once the provision of the immigration and nasht fact congress gave the president this power. he doesn't have to go back through a legislative process to issue a new executive order. they don't even site 1182 f which is where congress delegated in 1952 to the president this power to determine who can and can't enter our country when it's related to national security. sandra: jordan, when you say that. >> look more findly on it than the ninth circuit. sandra: talk to me about the justices that might be on his side and i also want to talk to you about the ninth circuit because there is some interesting stat that you can bring us there but the justices first? >> yeah. so first this would go to if -- let's decide right now that the white house decides we may issue a new order that doesn't moot out the existing order because we want to continue to fight on this one. it would first go to justice kennedy. he is the circuit justice here. he can make the decision on his own. so he could say i'll issue a