Quote:
Originally Posted by Adder
Perhaps the total lack of traction the tax argument found in the lower courts may teach you something about the strength of that as a basis (as, of course, should the fact that the majority of lower courts upheld it, if memory serves).
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Well, based on prior precedent, I think the lower courts were right on commerce, and who really wants to decide anything as a tax case. Ginzy makes the originalist argument quite well, too.
These are the supremes. If it wasn't ready, they could have kicked the can and released it next week. Releasing obviously sloppy work is not good. I can only image what dtb will say about it.
