 unconstitutional uh in terms of his authority uh and so that's pending before her so we'll see what she does but it's a pretty to me it's the sleeper issue here that justice thomas has raised and that's what he's done throughout his whole career is he'll write these concurrences and go back to first principles uh when you know where the court says oh that's sorry this is we're not going to touch that justice thomas will go back and lay out you know his own vision consistent with his view of what the constitution means