would hurt states that have large latino communities, losing representation in congress, losing federal funds that are doled out based on population and, therefore, the government should not put this question on the census form. the judge ruled in their favor in january. it was appealed to the supreme court. and the justices there heard argument last month, so whether the court is going to do anything with this new information remains to be seen. >> may i just ask you -- >> yeah. >> -- given your long history and experience with this, what typically happens once a case has been argued at the supreme court but before a decision is rendered and new evidence comes in, is there a mechanism at the supreme court or do they just get to decide whether they look at it or not? >> well, the latter vais really more. there's no established mechanic mic mechanism, no set rule for this. often happens when something comes up and the case becomes moot and parties will write to the justices and say, never mind. when they want to get new evidence in it, there's no set procedure but the aclu found a way to do this. they wrote