More Pressure Needed To Convince Bush To Withdraw Brief

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Key thing about the SG's brief is that while it asks SCOTUS to lower the standard and remand the case, it does nothing to suggest what a lower standard should be, save only to leave existing law alone. In a context where everything is evaluated based on principles (even activist judges give some kind of legal justification), this kind of request will at best give the plaintiff a dirty look.

I don't see how this "hey, just sweep it under the rug" brief is going to have any impact on SCOTUS.
 
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