van alstein granted relief by looking at the brisino factors. >> general, there are going to be casesn which the factors will show disabled but that's not the question. the question is can they be an exhaustive list. >> the brisino factors are not exhaustive and the cca has never treated them like that. >> but the genesis of these factors was that the court said the clinical standards are too subjective and don't reflect what texas citizens think. those are the things. that was the genesis of the standards, which suggests that justice kennedy is right about how they operate and also how they were intended to operate. >> the court did mention subjectivity. the texas consensus point, though, was not part of the basis to do that. what the cc arvegs was with trying to do here is take if adaptive prong and put that into concrete terms where you could apply it to a record. >> but aren't there -- >> there are two things wrong, possibly, with the factors which we heard. one i can't deal with at this moment in oral argument. you can go through them, they're in the briefs one by one. and say th