My secondary concern is a weak victory; succeed on the merits but dulled by surprisingly consenting Roberts or the like who neuters the remedy. Who knows; there is the self-interest argument that the co-equality of the branches are at stake, so if SCOTUS lets this roll then they are irrelevant in a couple of years. White knuckle ride.
My secondary concern is a weak victory; succeed on the merits but dulled by surprisingly consenting Roberts or the like who neuters the remedy. Who knows; there is the self-interest argument that the co-equality of the branches are at stake, so if SCOTUS lets this roll then they are irrelevant in a couple of years. White knuckle ride.
I could totally see a “never again,” prospective only decision. Blargh.