[so_real]

No doubt. The Obama legal team's statement is a ridiculous one. That's why I think they are a bit panic'd (or wee wee'd up, rather) at the moment. A judicial activist could take this tack to give himself an escape. But I, personally, don't see Judge Carter rolling over like that. Frankly, I think this issue busting at the seams before our very eyes and the Obama team is unprepared to handle the mess it's going to make.

[Red Steel]

Yes, the judge is not going to be persuaded with that hollow argument.