If Ginsburg and Souter are on the right side, this one is in the bag! It might be 9-0.
I don’t know that Ginsburg and Souter should be considered a lock, but your point is quite valid. I don’t think we can project with any confidence how several of the justices will vote on this. Scalia, for instance, sometimes votes for the government over their masters on certain issues. So I think the final lineup on this may surprise all of us.