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And that's why I HOPE so. Regardless of whether you're the dog, or the pony in this show, I have to imagine you want to get an answer one way or the other. O'Scannlain appears to have a great deal of respect for the process, judging from his opinion and his answer to why he wants the 9th split. I wouldn't be surprised if he cares less about what the answer is, than he does about getting an unequivocal answer all the courts can follow- from the way he was tearing into sister courts.
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Yes, you make a good point. I would rather Peruta stand, eviscerate "good cause" and get a permit. I guess a year later, the remaining states and circuits still on "may" or functional "no" issue will look at the sillier.
At the rate felons are being released, the sooner I can carry the happier I will be. I'd love a win at SCOTUS and that is the moral thing to do, but...