. >> it's unusual, because there, the sitting jexs is install to the lit gantz, we want to consider the case, the precedence in the case. not necessarily precedent. >> jp, you've been overseeing amicus, siding with various petitioners in various cases, and. ones who have been heard by the court, and now there's someone who won't be able to vote. do they just go ahead with the missing man formation? >> well, there are a few options, they could decide the case not withstanding, the unanimous situation, great. and the lower court decision would be around. there are some other complicated scenarios, like fisher versus texas, the diversity case, where justice kagan is already recused. so you are looking at a scenario, where you have the justices tying, and then there's the option of holding over cakes for yet another term for reargument, where it's possible, and it's a mixed history for it to happen. >> now, in an organization like yours, who figures out who the strongest petitioners are? which cases can make law? try to strategize around this? how do you regard an 8-4 court with this positi