Question on the Kolbe ruling

BeoBill · Feb 6, 2016

danb said:
Maybe I'm wrong but i think en banc or Supreme Court hearing this at this stage is a longshot. I think Frosh will tilt at the windmill because he has to, but 1- the court's own precedent seems to require this result;2-its only a remand for more fact finding. The full court can let this percolate more before they take it. Plus, the dissent is not very persuasive.

Persuasive or not, the case has been remanded to a court that's historically receptive to IS. And Frosh is betting that the majority of En Banc judges will see things that way as well.

:popcorn:

Ranchero50 · Feb 6, 2016

But how will they be able to justify the strict scrutiny without looking like fools?

danb · Feb 6, 2016

Ranchero50 said:
But how will they be able to justify the strict scrutiny without looking like fools?

I doubt that will bother Frosh.

rambling_one · Feb 6, 2016

Allen65 said:
A decision to do it would depend on what the working relationship is in general between the Gov's Office and the AG. On an issue that the AG is so dogmatically committed to, a contrary Amicus brief would be the equivalent of a middle finger to the AG because it would be undercutting the AG's credibility.

Question on the Kolbe ruling

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