mr. kobach. but first, professor. >> in my view in reading the opinion, the court simply left the door open and said that it may be unconstitutional and it's my understanding that the plaintiffs sells are already in the process of gathering data. that's exactly what they're going to try and show is that it cannot be enforced constitutionally or once it starts to be enforced they're going to try and gather data showing it just is being done in an unconstitutional manner. let me give you an example. you stop somebody and ask them if they are here illegally or can they prove they're here legally, should you hold them for five minutes, ten minutes? what if they don't answer? at what point do you violate the constitution? and keep in mind this may be an american citizen. >> ifill: let me ask mr. kobach why he thinks it didn't come up. >> the reason it didn't come up is because the u.s. government when suing arizona did not make that argument about racial profiling. the reason didn't make it is the law