[zeugma]

sadly, I suspect even the most excellent points he raised will be completely disregarded. If you read the transcript, after Justice Thomas' questions, Justice Breyer lays out how they'll avoid the entire issue...

JUSTICE BREYER: Stop you at the first point. Your argument on the first point is that she did not raise the constitutional question. She said in order to avoid a constitutional question, we should decide it in thus such and such a way.

So one answer would be, well, maybe so. We aren't facing the constitutional question. We are simply facing the question of what Congress intended. And if this does raise a constitutional question, so be it. And then there will, in a future case, come up with that question. So we ­­ or our point is, we don't have to decide that here.

So, in order to avoid having to actually follow the Constitution, they'll punt, and force someone to spend the years that it takes to get yet another case to the court.

[gundog]

sadly, I suspect even the most excellent points he raised will be completely disregarded.

Didn't you hear Rush? They don't sit down and try to change each other's minds.