IMO you dont need to prove “damages” to prove a statute is unconstitutional. On the other hand, “irreparable harm” must be demonstrated to obtain an injunction.
This case could be heard as early as the next fall term or the spring, 2011 SCOTUS term.
That's good to hear. I was only relaying what Judge Napolitano said about how long the case would take to get to the Supreme Court.
Later in the thread several people mentioned that the Supreme Court can "reach down" and take the case at their own discretion. If there were ever a case where they needed to exercise that option, this is it.