went to the supreme court, if he got another ruling that is there an advantage for him to get a positive ruling at a lower court level before going to the supreme court? if he goes to the supreme court from this ruling from a ruling against him, does that in any way sort of prejudice the supreme court against the case? >> well, obviously, if it's a 4-4 decision it would not be sufficient to overturn -- >> it would go back on appeal. >> exactly. there's that disadvantage here. there is the point i made earlier, i think this is a poorly respectp earlier, i think this is a poorly respectoor ly reasoned opinion so it's a good candidate for appealing but on an eight-member court there's a problem. i would say the court barely scratched the surface on the facts at the district level and the ninth circuit level. there are many terrorists who have come in from somalia, the bowling green terrorists, those plotters were from iraq, so the
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