Raising possibility that AWA fight will end up in SCOTUS that, lacking Scalia, doesn't create a Youngstown for corporations.
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@emptywheel I still stand by statement that Boutrous doesn't put the First Amendment argument on page 32 if he thinks it stands a chance. -
@Susan_Hennessey I missed that statement somehow. Dunno. I'm not as smart an appellate lawyer as either one of them. -
@emptywheel@Susan_Hennessey The 1A argument is a spaghetti-at-the-wall throwaway. Even I don't buy it here. -
@normative Are you a CU fan? Still looking for a CU fan to defend it.@Susan_Hennessey -
@emptywheel@normative I'm not a lawyer, but I am a CU fan and I would certainly defend it. -
@emptywheel@normative Specifically, code is not "factual" speech which is often compelled, but creative speech. -
@emptywheel@normative It's like a court order telling JK Rowing to write an 8th book in her Harry Potter series. - 5 more replies
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