whether it is a tier of scrutiny kamal orrick you say fourth you call it a tier of scrutiny or whatever you say, the rational basis supplies, but differently in different circumstances for you have different concerns about what is going on, that is what the supreme court has done, like it or not. >> i will give you a chance to respond, and then we will take a short opportunity for the audience to ask questions, and recognizing that we will get to the other questions in just a minute. >> i would like to say very briefly that i think paul's discussion illustrates the and coherence of -- the incoherent of the court's approach to of the- incoherence court's approach to these things, the lack of intellectual integrity in their approach to these reviews. it is why we ought to expect the court to exercise judicial restraint and return to a genuine rational basis review. >> it is difficult to have a debate about something if we will not start with the proposition of all of the existing supreme court case law working with these. >> you did not like the passage clyburn. >> it is not the law. it i

whether it is a tier of scrutiny kamal orrick you say that rational basis supplies, but differently inent circumstances for you have different concerns about what is going on, that is what the supreme court has done, like it or not. >> i will give you a chance to respond, and then we will take a short opportunity for the audience to ask questions, and recognizing that we will get to the other questions in just a minute. >> i would like to say very briefly that i think paul's discussion illustrates the and coherence of -- the incoherent of the court's approach to these things, the lack of intellectual integrity in their approach to these reviews. it is why we ought to expect the court to exercise judicial restraint and return to a genuine rational basis review. >> it is difficult to have a debate about something if we will not start with the proposition of all of the existing supreme court case law working with these. not like the passage i cited from the city of clyburn. >> it is not the law. it is one case. that criteria has not been applied to other situations. >> i'm happy to discus