allstein granted relief by looking at persanno factors. four cases just mentioned -- >> well, general, there are going to be cases in which the per sanno factors show that they are disabled but that's not the question. the question is can they be an exhaustive list? >> the persanno factors are not an exhausted list and they have never been treated like that. >> but the percentage of these factors was that the court said the clinical standard are just too subjective and they don't reflect what texas citizens think. both of those things. they are too subjective and they just reflect what clinicians thing, not what texas citizens think. that's the genesis of the standards. which suggest that justice kennedy is right about how they operate and how they are intended to operate. >> the court did mention subjectivity. the consensus is not part of the baitsis to do that pap what the cca was trying to do is take the adaptive deficit prong. in the phrase of limitations and adaptive functioning and put that into concrete terms where can you put it in

allstein granted relief by looking at persanno factors. four cases just mentioned -- >> well, general, there are going to be cases in which the per sanno factors show that they are disabled but that's not the question. the question is can they be an exhaustive list? >> the persanno factors are not an exhausted list and they have never been treated like that. >> but the percentage of these factors was that the court said the clinical standard are just too subjective and they don't reflect what texas citizens think. both of those things. they are too subjective and they just reflect what clinicians thing, not what texas citizens think. that's the genesis of the standards. which suggest that justice kennedy is right about how they operate and how they are intended to operate. >> the court did mention subjectivity. the consensus is not part of the baitsis to do that pap what the cca was trying to do is take the adaptive deficit prong. in the phrase of limitations and adaptive functioning and put that into concrete terms where can you put it in