[CurlyDave]

Every year that our Socialist-In-Chief holds the office of POTUS, his appointments on the court will consistently erode the recent advances made in strict construction.

This is not lost on the court.

Right now, there is no circuit split on the issue (9th circuit was going to hold an en banc hearing, but has now delayed it), and taking the case was actually unusual. I am hopeful that the 5 good judges wanted to decide the issue before Obama has had a chance to do his dirty work. I am actually hopeful that by the time the issue is heard, Ginsburg may become unavailable and Obama may not have time to appoint an even more evil replacement. A 5-3 decision would be better than 5-4.

[east1234]

I think this could actually come out better than 5-4, I could even see 7-2. Regardless of political leanings, the 2nd A is very clearly stated.