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Old July 6, 2011, 10:52 PM   #68
Tom Servo
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Join Date: September 27, 2008
Location: Foothills of the Appalachians
Posts: 10,062
Quote:
I'm not sure if you realize it or not, but this decision was strict scrutiny in all but name.
Oh, I do. I followed the Skoien case closely, and as soon as I saw Judge Sykes up at bat for this one, I gasped, "oh snap!"

I don't often lapse into such banal clich├ęs, but they've handed us a potential circuit split, and I'd like to see the Supreme Court rule on a standard of review while we've still got the Justices we need to get it right.
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