to be sued. so the judge is the right defendant here. >> interesting. >> and if that suit doesn't work there's a separate suit where the united states is suing texas directly and complications if the united states is allowed to do that but the u.s. is allowed to sue a state directly in a way that private parties are not. >> interesting. let's zero in on the three justices for a moment. what challenges are they facing? could one be a swing vote in this particular case do you think? >> we saw roberts already once join with the liberal justices with regard to texas on the losing side so roberts raised questions about basically what's at irs issue here.
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