said in his descent -- dissent was that the case should have been dismissed on the basis of race judicatabecause some of the plaintiffs attacking the texas law had filed a previous similar case which had been dismissed. and you're not supposed, you know, relitigate the identical case. and breyer, in his majority opinion, discussed this and pointed out there was some overlap. some of the plaintiffs -- there were loads of other plaintiffs in the case that had nothing to do with the earlier case. and what he should also have said which he didn't say was, you know, race add jude cat saw is this common law -- race judicata is this common law rule about trying to create finality in litigation, which is fine. but, you know, it's not part of the constitution or anything. and this is an important issue, and if you want to get it settled, why would you fuss about race judicata? especially for 40 pages? [laughter] but i interrupted you. >> this'll be the last question from the floor. >> okay. oops. >> so, judge posner, given your feelings about some of the members of the judiciary and the opinions t

it will be race judicata or something when i win, and then they'll have to give me the dog.hat is the theory, then -- well, it might work in this case. there are thousands of cases where parents don't have the money to litigate, where some do or some don't, where boards are in difficult problems, and all these very great difficulties in such cases which are worked out through negotiation p won't be. >> no, i don't think that's right, your honor, because i think as a practical matter -- i'm a parent. if one of my children were being harmed in a school, i would try -- and i thought this was wrong, i would immediately be looking to find the most, the quickest form of relief that the law could provide me. and the quickest form of relief for a parent who actually wants a change on the ground to the situation is to follow the i.d.e.a. procedures. >> no, no, but the point is you're likely -- they're going to listen to you a lot more carefully if you say, by the way, i'm also filing a suit under section 504 in the ada -- >> right. >> that's a lot more leverage. >> with respect, mr.

thing he said in his dissent was that the case should have been dismissed on the basis of the res judicata, because some of the plaintiffs attacking the texas law had filed a previous similar case which had been dismissed. and you're not supposed to, you know, relitigating the identical case. and justice breyer in his majority opinion discussed this and pointed out, there was some overlap in some of the plaintiffs, loads of other places in the case had nothing to do with the earlier case you're what the also should've said but he did say his wrist judy codding is this common law rule about -- raise judy codding, litigation which is fine, but it's not part of the constitution or anything. this is an important issue. you want to get it settled. by which a fuss about that? especially for 40 pages? >> this'll be the last question. >> so judge posner given your feelings about some of the members of the judiciary and the opinions about the right, what is the role that you think president should be playing ideally when the judiciary's reaching decisions on what role if any should over be playing?