with respect to this, it does not give any indication that they are troubled by the quality concerns that he is raising as much as the question about whether or not congress has the raw power under the 14th and 15th amendments to enact this law. we will have to see what happens. i think it is a very open question. it ll be hard to read into that. it will be hard. the 14th and 15th amendments gave explosive explicit rules to congress. you have a clear, contextual warrant. there is historical evidence. it will make it tougher. i am not saying it is impossible. it is a very difficult question. , i think, make it tough for the court. i m not saying it s impossible, but i think it s a very difficult question. one last thing about the effects test that mike was talking about. mike said they would inexorably become a quote or requirement. i m not sure that s all right. one can envision job qualifications that have nothing whatsoever to do with merit. you can say, for example, deputy