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Friday, April 14, 2023 7:08:15 PM
I think it is good but not necessarily relevant. Remember this is the same Court that denied Cert in the Fairholme COFC Petitions. I wonder if you can be bullish about an opinion that Sotomayer and KBJ join the minority.
I am thinking the best catalyst we had recently was the 2nd Circuit CFPB case which caused the split with the 5th Circuit and differentiated the Collins appeal in the 5th Circuit. We have an 8-8 or 9-7 En Banc majority for the voiding of the NWS and SPS going into the case - thanks to DJT and Ronald Reagan appointees.
Near term the best tea leaves with SCOTUS will be to see if they grant Cert in Rop. If they dont then what do they really think about separation of powers issues?
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