3 Comments

  1. I think it is likely that the First, Fourth and Ninth Circuits would decide this issue the same way it was decided in the Second, Third, Fifth, Sixth, Seventh, Eleventh and DC Circuits, leaving the Eighth Circuit as the only one with a contrary view.

    Were that to occur, it would be very difficult (but certainly not impossible) for the Supreme Court to issue a decision upholding the position of the Eighth Circuit and overturning the decisions of every other circuit.

  2. I think it is likely that the First, Fourth and Ninth Circuits would decide this issue the same way it was decided in the Second, Third, Fifth, Sixth, Seventh, Eleventh and DC Circuits, leaving the Eighth Circuit as the only one with a contrary view.

    Were that to occur, it would be very difficult (but certainly not impossible) for the Supreme Court to issue a decision upholding the position of the Eighth Circuit and overturning the decisions of every other circuit.

    1. It would be difficult for the eight-justice court to issue a decision at all, but a new nominee this term would surely vote to uphold the mandate.

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