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Masciandaro is the easier case for a cert grant. The law he was convicted under is no longer in place.
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Gene Hoffman mentioned that the Court may be waiting for "clean" cases. By that, we could be looking at one in which the petitioner is not contesting a criminal conviction. As you mention,
Masciandaro could fall under that. There are also numerous civil cases pending, and they could be holding out for one of those.
I'm a bit bummed because I really thought the
Williams case was putting the right questions forth, with the perfect litigator for the job.