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January 22, 2008
Reading Supreme Tea Leaves

Other than my obvious displeasure with parts of the Solicitor General's brief, things have been progressing quickly to the hearing of Heller v. DC. One of the unmentioned silver linings of the SG's brief that I've pointed out to those close to the case is that it allows the pro-rights side to argue more against the US's position and focus less on the more specious claims that the Second Amendment isn't an individual right. Oral argument was scheduled this morning for Tuesday, March 18, at 10:00 a.m. at the Supreme Court.

However, what drives my post today is Ali v. Federal Bureau of Prisons. It's a not too interesting case overall but it does lead some credence to my earlier prognostications that Justice Ginsburg could potentially be a swing vote in Heller as she, not Kennedy, was the 5th vote needed to side with the conservative 4 in Ali.

Posted by hoffmang | January 22, 2008 10:43 AM

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