The Court will take the case. It has to. It’s what the Court does with the case that matters.
The real fight on this case is up front, when Levin seeks a preliminary injunction barring the government from implementing any part of this bill. If the government wins the injunction, it then goes into a stall tactic to delay a Court ruling. Say, three or four years. By then, there has been so much bureaucracy built up around the legislation there is no way a court would overturn it. No matter how blatantly unconstitutional it is.
“The real fight on this case is up front, when Levin seeks a preliminary injunction barring the government from implementing any part of this bill.”
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Good points. I think that it maybe an uphill battle for the government to win the injuction because the case would not be just against one part of the bill but rather the ENTIRE process that made this bill advance. The ENTIRE bill would be ruled unconstitutional since the legislative process did not follow the Constitution. If I were a judge, I would grant the plantiff the injunction.