they have got to be thinking about this in a political contest. >> michael shearer, if you are mitt romneyt? i think want to invalidate it, but the mandate, that odd sort of aspect of this. >> if you are mitt romney, you use this to make your very technical case that the federal mandate is different from the state man date. >> create a distinction. >> think he can ride this i think it is better this a way to really litigate this in early summer for mitt romney, to get all this out there when we have a decision. >> we will get it. >> by the time we get to the fall, pivot on other issues not one to get into an argument abo whether obama is able to be a good president, able to get stuff done, knows what he's doing in office, where it's a competence issue. and he turns it into that, less an issue about policy. because as we have seen in the op-ed today, a tough time arguing policy. >> all right. we're going to talk a little week that was and a look ahead off the break. so perry kelly, michael, stick around. who is the only registered native american currently serving in congress. this is a jeo