 argued this case and john's a brilliant guy clerk for scalia um so i think there's a reason why this is the last case or one of the last cases they're going to decide because it's a very difficult case for the court and one that they would probably prefer not to have to engage on but because of jack smith's focus on all this stuff they're going to have to and it centers around there's never been a case they've never actually had to decide this issue about whether or not a president