Oh all right. You guys are correct. But I find it disappointing anyway. There are plenty of times they should throw things out on technicalities yet choose not to because they can't resist comment. I have no respect for most of them anymore.
Example, please. The only reason this case got as far as it did was because the 9th Circuit was being its usual activist self. Even the majority of liberal judges in most other circuits would have probably thrown this case out for lack of standing.
That's part of the definition of an activist court. If they should throw out a case but rule on it anyway then they are legislating not adjudicating. Nobody has respect for most of them anymore, but this time they got it right.