.@rickhasen Can you say more on why you think Kobach's version of events is more likely to be accepted if there's no factfinding by Court?
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@rickhasen mean that number of facts, open questions fairly tight, not far-flung as in many other cases -
@joshtpm true, but KS Supreme Ct. passed up chance to appt. district court judge to do factfinding on this single, important question -
@rickhasen right. so they're saying, however confined, we don't really care, not necessary for decision, yes? -
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@joshtpm exactly. And question is why they would say it. Most likely reason is that they think it irrelevant for outcome of case. (1/2) -
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@joshtpm Fact cd be irrelevant b/c they view "pursuant" language enough under statute. Or they don't and reject estoppel against govt (2/2)
End of conversation
New conversation -
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