i really wouldn't be surprised if it ends up that there's something that doesn't -- that can't stand up to judicial review. they worked on it for weeks. they delayed it many times and they said that after the first one, they knew what their mistakes were and they weren't going to run into this buzz saw again. >> shepard: because the court laid out the mistakes and the new plan, they were able to not make the same mistakes. >> that's what will be interesting, if it runs into trouble. even if not, what is interesting is that the states are taking up a lot of new activity in a sort of a new separation of powers, exercised against any potential overreach of the executive. that's something that we wrote about recently and i recommend the read. it was called "the revolts of the attorney general "and how the obama administration states learned to make sure they could