judges could petition for reallergy en banc to hear the case or make an appeal to the u.s. supreme court. that s, ultimately, i think we were talking about the case, but i think that s a likely outcome. one way or the other get to the supreme court. let s talk about the dynamics on the supreme court. in six weeks, you re going to have the process begin for judge gorsuch. you ve got a 4-4 split. but justice kennedy is often seen as a swing. what about the dynamic there? you re right, we don t say there s four conservatives and four liberals. we do see justice kennedy move back and forth. but you ve seen chief roberts move back and back. obamacare. that s right. that s not unusual. you had justice souter who by all intents people thought he was conservative but he went around to the liberal side.