The sure votes appear to be Alito, Scalia, Thomas for challengers and Kagan, Sotomayor and Ginsburg (on standing) for government.
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@rickhasen you think the author of FOE v Laidlaw would kick on standing?!?
@jadler1969 I don't see this case decided on standing unless Justices get very stuck on drafting opinion on merits
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@jadler1969 as we saw in Prop 8 case, Justices sometimes go to standing to avoid merits, making for strange bedfellows -
@rickhasen sure, but at argument today, no one seemed to take it seriously, esp. after Verelli's comments -
@jadler1969@rickhasen I mean, didn't the SG basically concede he didn't have that argument? I know it can't be waived, but still.
End of conversation
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