That depends whether the Court was originalist or not. My ideal Court:pic.twitter.com/3fXaoW3Nqh
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I don't agree with Adler on everything, but his main beefs are about severability standing, not the merits argument. The standing issue is debatable. I think they should ultimately lose the case on severability. But the 5th Cir didn't reach that Q!
Yes, standing issues are also absurd. The point is it’s a laughably weak case. Most conservative lawyers know this. But, at best, what you’re saying is that, in this case, there really is a plausible liberal reading, but you prefer the less plausible, but more congenial claim.
On standing, if a federal law makes your conduct illegal, I think you have standing to challenge that. But you seem unaware that the reason people see it as a weak case is severability, which is where I think the plaintiffs come up short.
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