[SirFishalot]

Its very important for the right type of 2nd case to make it up to SCOTUS, if the wrong type gets there it could end up bad for the 2nd, the problem with going to court is that once your there anything can happen, you dont want to run every case you disagree with up there because once SCOTUS rules, you are done, theres no appeal left if they rule against you.

[the gillman@blacklagoon.com]

Oh, there's still an appeal.
Just not the kind they'd want to see.