landscape going to be affected by this decision? so i think there's a lot of other factors than common sense, but clearly that is a variable that is considered in these first impression cases. >> i like that question. somebody once said that the law is common sense as amended by the legislature. [laughter] and i don't think, kirsten, you're asking us to say that we're not a common sense court, but we do use common sense. on cases of first impression, for example be, we've decided, the court of appeals of the state of new york, decides gps about two years ago. what we did is decided under our new york state constitution so we wouldn't have to be confused by what happened later on in washington. [laughter] and we said you do need a warrant, and that we -- but it was, it was a question of first impression for us. but you, obviously, i mean, we all have our constitutions, etc., that we work on. and it's kind of fun at that time because it's when all seven on our court are digging in on these issues. we did gay marriage not too long ago, and they're very spirited, and it's really an enjoyable thing. and, of course, we borrow from our federal cour