microphone as lawed in the high court but no video camerasment darren, does this all boil down to an argue over a tax which is used to a fund a government versus what i want to call a penalty which would be an economic punishment? >> it does. because they want to make sure that basically, you know, if you are unhappy with your tax, you are not going to sue the supreme court. you're to the going to end up in the supreme court. this is their way to kind of narrow the exemption to this law that is designed to protect our tax system. >> tom: so we can call it a penalty hear and if we do that does the court seem inclined with what you heard today to rule that they don't have to wait until 2014 to decide the fate? >> this is their march madness. i really thought that they were going for it they really seemed to think that, and this is the kind of case if you are a just fis you live for it it's got everything. it's a huge constitutional issue. it is a national issue that needs to be resolved. sow i think they're trying to clear out the kind of technical underbrush. but they look like they'l