[jwalsh07]

This opinion invalid to the extent it is wrong.

Nice disclaimer. :-}

I think my position is a bit more nuanced than you described but I'm thinking SCOTUS takes this one. We'll see.

[Torie]

Maybe I have this rather unrealistic point of view that SCOTUS prefers to avoid tarbabies, unless and until there is a compelling reason in their mind to just hop in and do it. If this area of the law isn't a tarbaby, I don't know what is. Sorry if I over-simplified and stereotyped your position. I did not mean to do that. Indeed, I don't like to do that to any poster.

[Old Professer]

Nuance is like gruel; it may be filling, but it isn't satisfying.