to choose between eligible candidates. so you're absolutely right, there needs to be a trial. doesn't have to be a criminal trial, could be a civil trial to adjudicate the relevant factual issues of does this constitutional provision apply to trump's conduct. >> how practical is it? now we're talking about trial number five, that this issue could be litigated and reach the supreme court of the united states before the republican convention next july in wisconsin? >> it's going to happen anyway. the question is how orderly it happens. some private groups have already said they're going to try to litigate this issue to kind of force it. i don't think that's the best way to go. i think it would be much more orderly if a legislature set a proper procedure. your audience may know about the so-called shadow docket of the supreme court where the court hears emergency petitions. it's going to get to the supreme court probably before the