>> have multiple judges -- >> in other words, but it off. >> and it is critical -- >> putting it off. >> but it will be going to the october term. >> gregg: it is such an important issue, i read the judge in michigan's decision, judge vinson's, i read, judge hudson's i read and they are all really, really well researched and the supreme court is rich with material, based on the federal -- >> wait. i think the -- >> there are 28 lawsuits right now. >> mercedes, we have to agree on something, the three of us agree on something, it well end up at the supreme court. >> undoubtedly. let's do it and get it there and rule 11 applies there. we agree -- >> gregg: there's a reason by eric holder doesn't want it to go to the u.s. supreme court and the court of appeals first. he knows he'll lose it. justice canada is this swing, and you have four conservatives and four liberals and kennedy is the swing and kennedy he thinks will swing against him. >> it is unlikely the court will