the next case is two thousand eight hundred three zero six nine nine players parenthood gulf coast at all versus rebecca je these stated mission procedures act where you could get a decision and certain to have a procedural due process clause and you really have to be completely walled off from getting any decision at all and state administrative procedures law permits you to take that in action and try to get that and get that decision made can each either if you believe that your case is not being handled properly or being handled at all then you can go directly to the district court and you can ask the state district when you're dealing with an application for a license as opposed to an entity that already has a license there's a difference in your property  just dealing with the limits of our court and terms of your i and i would say yes your honor i understand i think that ultimately what this is is a petition that challenges the secretary that they fell standards sections heads decision that she can't act right now based on her interpretation and application of state long that's what these claims all come back to are even though they have been dressed up as federal claims which takes us directly to and all the state has done at this stage is send them a lawyer advise him with that to criminal investigations that prevent the state from acting under state law pure plausibility which they do often at least meet one's ability requirements and for for purposes of standing this court can take into account account more than just what they stand  gives them an avenue to test to go and get a decision if they want to decision they could get it i think the decision they would get at this point because of the application of state law and interpretation instant law is that their application would probably be denied because the agency that has to make a decision is in trumpeting state laws preventing him from acting and ultimately what they are trying to do is circumvent the entire licensing process because there is a there are a whole number of steps that they could take and i don't think that's exhaustion and i don't want to confuse that with exhaustion of administrative hearing that is there is where i would are at this stage is an intermediate decision and they have an avenue they had a meeting with the secretary that would taken a matter of weeks if in one of the decision from the administrative law judge it might take a few months if they wanted to go to district court then they would have probably that would take england from the new maybe up to six months it depends if they or that it's you know it's a nun safe business service there and so that doesn't automatically raise undue burden unless there's some sort of disingenuousness in that analysis perhaps because it outweighs the burdens on  even see the complete they haven't brought the six they can bring the twelve b six and they can say it's not right it's you don't have standing you can bring all those arguments there is that what you're saying district's already ruled on that and so really that's before us to provide and so we get to decide that because now we're here or that is that's it's a it's an awkward thing because the district court made a pass said that as you say what's the question for this court right now right and if if you're saying that they can't raise their rightness in standing at all those types of things which could relate to the the bases of their claims have if we answer the first question that because there is a software and question we've got penned an appellate jurisdiction you first have to say that there's a little right also have to say that the complaint there's an argument that there are three types of relief that you argue for and regardless of whether or not the merits show you are entitled to the relief do the really do the types of relief have to be possible in order for you to have to win on twelve while it has to be a plausible case that has relief that could actually be gotten in the score in the district court for us to have remedies please so important which really is appropriate with the violations so that's a little bit why this question is getting but can you even get those remedies can you can you get a remedy that we say if you have a fact pattern forget this case where the parties simply have a good faith disagreement about the meaning of state law but there is no federal claims for example where we did make the people exhaust their state right first and prove that they had pursued it all the way through in the state why why is that those why do those kind of things not apply in this context this is alleged that there are now the wheezy and process going on that it's all cryptically referred to as being under seal did the district court look at this and camera or determine that it was premature to do so it's not it's mentioned as a drive by but not ever that the that it's not just that there are some other investigations going on with texas texas  g s office and that sort of thing referred to by their congress for for procuring tissue and transferring to researchers allegedly it's it's a drug to louisiana claims what's the have a lot to cover in five minutes i'm going to try and kind of quickly walk through a few things are on the pleading standard i think john showed you you know if you're focusing on exactly what the argument that i'm trying to do meg and that is that you can't you see these magical words and create federal jurisdiction especially where where there's a sovereign immunity claim and there is fifth circuit precedent it's it is admittedly weak but i mean isn't there's one case i think that specifically said that  a published case and there are two cases that i'm published cases that essentially attach the same possibility requirement but also emphasize that two of the wind motions you can look at more than just the allegations of the  comply and we have provided some statements that go beyond the one with regard to the state investigation that you asked about that isn't contradicted we did offer to judge the gravel to look at the complaint we were trying to state in order to decline to look to the pleadings the entire for all it is not just the videos it goes well beyond that with regard to what was referred to texas and what's investigating being investigated in texas so i think that it would help to determined later we're talking about subject matter jurisdiction over the state to direct the state to issue a state license that where they haven't even act with adequately elected thing have completed that all that r still at least until something else and they've had they have obtained an actual final decision they can get a final decision they haven't asked for one they could get review of an immediate decision they haven't asked for