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Tuesday, July 25, 2023 1:26:58 PM
Here an excerpt from the Minority Opinion of Collins in 2019 regarding the voiding of the SPS
"In my view the proper remedy for a (removal separation of powers Constitutional violation) is to vacate the Third Amendment. I respectively dissent form the court's decision to instead grant a prospective remedy. "
Judge Willet joined by Jones, Smith, Elrod, Ho, Engelhardt, and Oldham.
Collins v McNuchin Case 17-20364 Date Filed 9/06/2019 Page 118
Since Collins in 2109 there has been another Trump Appointee - Judge Wilson add and one JB Appointee. Probably 8-8 to void and 9 to 7 if Judge Kyle Duncan reverses his vote on the remedy.
Good basis to assume that the 5th would vote 9-7 to void the SPS on the upcoming En Banc Opinion likely to be heard in September.
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