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Does this mean that SCOTUS will never hear Kachalski?
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Most likely. That's why we have
Woollard and
Moore as backups.
As for bad cases making bad caselaw, there is something of a point. Gura warned us about that. We've seen some dunderheaded lawsuits brought by individuals and local organizations that have done this.
However, Gura's won for us in the Supreme Court twice. I'm inclined to trust his judgment on this.