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Re: rafunrafun post# 281448

Friday, 06/19/2020 12:48:29 PM

Friday, June 19, 2020 12:48:29 PM

Post# of 423548
Agree. I struggle with the court siding with us on Mori (not bc we are wrong but bc Heinecke deeply confused judge Du and she gets deference with the factual part of it). I can see us winning on the legal error of weighing the secondary considerations in conjunction with the error in Kurabayashi. It is possible to still win without Kurabayashi but if we win on that point we win the case. I also am thinking this may not be a remand but rather a straight up reversal.
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