The 9th Circuits reasoning arrogates to the state all property , dissolving the distinction between public and private funds as well as public and private choices. They assert that tax cuts are the equivalent of government funds, a conclusion possible only if one assumes that all personal income belongs by default to the state rather than to the individual who earned the money. Also known and refered to here in Texas as a load of krap.
As RINOish as Govern Rick Perry might be at times, he would belly laugh off such a suggestion.
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The 9th Circuit, along with the usual suspects, ASSUME too much sometimes...Well, I take that back...Most of the time...