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You're right, but I'm confident he'll get there in the end.
Yeah. The Roberts Court has been nothing if not the Court of Post-Hoc Justification. They're great at concocting the most batshit crazy of legal theories to reach the outcome they want after shopping for the perfect cases to do so. I'm absolutely positive that if/when he gets an appeal to reach SCOTUS they'll give him exactly what he wants even if they have to tie themselves in logical pretzels or even directly contradict themselves to do it.
They ruled on a goddamn hypothetical. 6-3.
None of the conservative judges are qualified to do anything except take leaves.
They've pulled that one a lot recently, haven't they? I seem to recall one of the other recent rulings, I think it was against the EPA basically being a hypothetical about a proposed rule they hadn't even actually passed yet?