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One small point that gives me some hope is that Posner is so highly respected in circuit courts of appeal. If it were teetering at all, perhaps the ninth circuit would give additional serious consideration to "bear" after the Moore case.
In any case, I can't help but think that SCOTUS is very interested in how the cases in the ninth circuit shake out. I am certain they don't want to leave any stone unturned after all of this. They like issues to be fully ripe, and without the 9th decisions, they can't be certain to address all the issues that may surface.
Aside from two or three other significant cases outside of the ninth, we have little else on which to hang our hat of hope. The country's skill at sharpening pitchforks is woefully out of date. May it stay that way for a long time to come.
Last edited by maestro pistolero; October 18, 2013 at 03:08 PM.
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