court warned about in its decision in morrison and i would add also that with respect to the other e enumr. enumerated cites, the florida case is a substantial hurdle for congress to clear. >> may i make a comment here as a nonlawyer on a panel of august lawyers and smart people. to go back and someone who was involved in 1996 during the senate debate around the employment nondiscrimination act, the vote was on september 10, 1996. someone along with my colleagues involved in the debate around the end the last time it was brought to the senate and other debates, i think it's interesting to note that democrats and republicans in particular did not bring up the issues that mr. clegg is mentioning in terms of the constitutionality of the employment nondiscrimination act. there may have been disagreements about the law and sexual orientation and gender identity and whether that's something that should be protect. when you go back and look at the record and the debate it's something i'm all too should be protected. it was not part of the constitutionality. >> let me say that i don't doubt that.