they don't tell you that. the descent said that but the mantle has never said that. the law has always been even when there is a delegation of authority, it's still got to be viewed within an overall context of the immigration scheme. to view it the way they do would allow the president to take a magic eraser to the entire code. obviously, the brief in that texas case is not about establishment clause. >> we understand what that was about. >> yes. >> you wrote a brief in flora v. lar. >> i've been busy. >> u.s. policy against aliens is vitally intricately interwoven with foreign relations power likewise vested in the political branchs and any rule of constitutional law that would inhibit the flexibility of the political branches of government to respond to changing world conditions should be adopted only with the greatest caution. >> right. when i was in the government, i tried to get the supreme court to bite on that. they didn't.