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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Contra: Mightn't Justice argue that plainly applying those three rulings to a national security EO ~IS~ expanding the law?
otoh that section ends with "we reserve consideration of these claims until the merits of this appeal have been fully briefed"
Yes. That's my whole point!
Even if dicta, it could influence discovery on remand; it suggests states should be allowed to probe intent.
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