circuit that has both liberals and conservatives. no doubt it is going to the 9th circuit and no doubt there will be a three-judge panel reviewing this and no doubt it will go to all 25 appeals judges because it is fact based. there is a real question of whether or not the supreme court will take the case. >> let's switch gears and go to the mosque debate in new york. a commission turned down landmark status where the center wants to put in this new complex. and i guess, richard, does this boil down to an issue of religious freedom and there is not a whole lot the government can do to stop it? >> that is threpretty much it. you have to look at it on an intellectual basis or emotionally. if you generalize that because