That is not an issue in controversy in this case and so no Court has jurisdiction to rule on that issue.
So the DOJ is wrong to inject it, in an effort to goad SCOTUS into ruling on it.
26 posted on 01/13/2008 11:45:39 AM PST by Atlas Sneezed
("We do have tough gun laws in Massachusetts; I support them, I won't chip away at them" -Mitt Romney)