So, this is technically dicta, right? Assuming I'm write there, does dicta still create law of the case? (I would think it does?)pic.twitter.com/kdpTdNsKag
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No. This is in a separate section, the end of which is the court saying they're not considering this issue now.
In case SCOTUS takes case & thinks these facts & law are impt to resolve TRO challenge – to know CA9 considered?
It goes to whether they take the case, which doesn't follow any set rules or precedents, so hard to say.
I see what you mean, they didnt reach the Q about likelihood of success re Religion Clause claim, so dicta.
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