as is washington attorney andrew grossmann. earlier you talked about the burden on using race and ethnicity in making admissions decisions. is there any way to set up a scheme that doesn't run a foul of the current made rick matrix that can work in a big state system like texas. >> for advocates of affirmative action they should be very nervous that the system that's actually gunning for the court is the university of texas, it it. according to the university of tenges a thousand students a year. the racial considerations only amount to admissions of perhaps a couple of students a year it's of 10s of thousands of total admissions the supreme court held that you have to have a close fit when you are considering race between your need and what it is you are actually doing. in this instance the university claims this very substantial need and classifying all these people but not really doing anything in terms of admission so i think they'll have a very tough time actually justifying even under the law. >> can you see a way, luis m