@notsalome @sahilkapur @nycsouthpaw It's a non-jurisprudence that Kern called out as such in the opinion.
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Replying to @chrisgeidner
@chrisgeidner@notsalome@sahilkapur right, either way it's decided there's an equal chance of reversal bc AMK effectively hides the ball1 reply 0 retweets 0 likes -
Replying to @nycsouthpaw
@nycsouthpaw@chrisgeidner@normative nobody seems to dispute where AMK is headed. But I still can't imagine this being easy for judges.1 reply 0 retweets 0 likes -
Replying to @sahilkapur
@sahilkapur@chrisgeidner@normative yeah, but I can also imagine it being really fun for judges2 replies 0 retweets 0 likes -
Replying to @nycsouthpaw
@nycsouthpaw@chrisgeidner@normative I wonder if forcing it back to a clearly unready SCOTUS just 6 months later sets the cause back.3 replies 0 retweets 0 likes -
Replying to @sahilkapur
@sahilkapur@chrisgeidner@normative well, granting cert is discretionary, SCOTUS can let a dozen circuit split bloom until it's ready2 replies 0 retweets 0 likes -
Replying to @nycsouthpaw
@sahilkapur@chrisgeidner@normative splits* ... And it's hard to see how they'd hand down the 14A decision you fear w/o overruling Windsor2 replies 0 retweets 0 likes -
Replying to @nycsouthpaw
@nycsouthpaw@chrisgeidner@normative if that's what the ruling itself was based on I don't really see the conflict w/ saying no on 14A.2 replies 0 retweets 0 likes
@sahilkapur @nycsouthpaw @normative I think Kern explained handily today the limits of states arguing that Windsor was federalism decision.
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