[Clump]

Depending on the mood of the Circuit judges involved, I suspect it will be reversed on the Article III standing issue alone. Circuit courts (conservative ones in particular), tend not to reach the merits of a case unless it is necessary to decide the case.

I suspect that real judges prefer to let the tug of war regarding POTUS power play out politically. Besides that, addressing the merits of this case will only encourage the ACLU to bring these types of claims.

Reversing on Article III grounds does not sound very sexy to most conservatives, but in the long haul it is good practice to make these goons have an actual "case or controversy".

[RustMartialis]

Depending on the mood of the Circuit judges involved, I suspect it will be reversed on the Article III standing issue alone.

Overturned on 'no injury = no standing' I guess? Cleaner that way, if it is overturned. Stevens handles the Sixth Circuit, so I could see him taking the appeal, no? --R.