justice stephens did dissent from the denial of serb aware in evans versus stevens dealing with the recess of william pryor to the 11th circuit. you see, i still have friends on that side of the fence, too. and he is a wonderful judge. now, there's great difficulty, however, with recess appointments of the judiciary and i think justice stephens was mostly concerned with that, and the reconciling of the lifetime appointment with the shortness of the recess period as defined in the constitution. one has to wonder, and i do wonder, peter, whether the court will take it, because, you know, this is the kind of question if there hadn't been already so much forward activity, one might think after you know, prior to baker versus karr and so forth, might have been a political question. might be exactly like those questions where there's no manageable standard that could be readily applied without embarrassing one branch or the other. so i think there will be difficulty in getting a definitive court analysis. and so in the absence of that definitive court analysis what does one do? well, one, it see