arguments and testimony and then review if this is an inappropriate judgment. >> i just want to -- hold on. ariane. >> to yourt licourt likes chaose you have the ninth circuit ak acting this way. the supreme court may not want to jump in and have it ping-pong back and forth. that's the importance of the ninth circuit ruling. if it comes down 4-4 all they can say is we upheld. but what happened tonight is very important. >> mark preston, jumg gdge gorss role and his process through senate becomes crucial, the timing. >> right.