J. Kennedy emphasized uncharted waters; indicated that Loving was new here, but not everywhere, ie, Loving not terribly persuasive to him.
@bmaz A possibility, yes. But AMK not buying. If no standing, whole initiative concept thwarted, he said.
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@AppellateDaily Is Breyer solid on standing? Seemed kind of quiet today if I read right. If so, that is 5 for standing+some merits decision -
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@bmaz I need to review the transcript on Breyer and standing. Random sidenote: He and Thomas were chatting it up. -
@AppellateDaily Ha! Yes, I am waiting for transcript + tape.
End of conversation
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