but we're talking about the same executive order and talking about whether the president has primacy in the area of national security. >> are you thinking he can win? >> i'm not sure he'll rewrite it. i agree that's the sensible way to go. but the president keeps citing the boston judge. he was angry at his lawyers, remember, because they didn't spend time invoking the boston judge, judge gordon, and i think he'll fight this to the wall in the supreme court. >> alan. >> that would be a big mistake because he can use the boston judge to his advantage. if he goes the ninth circuit route, he is likely to have to appeal from a ninth circuit opinion that's unfavable to him. if he doesn't appeal this order which he'll lose in the supreme court on a stay and waits for decisions to come from other courts with more favorable circuits the case he brings to the supreme court could come from a circuit that rules in his