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argument, and the justices -- the judges that were on the panel pretty much made that clear, with respect to the hypotheticals they threw at them. and their inability, their inability to respond. but i do want to point something out, people have assumed that this was automatically going to end up in front of the supreme court. the question has to become, how does it get there? and at the point that they are in front of these justices, and this panel around an appeal, in front of that circuit, there is no constitutional question, or no reason that the supreme court actually has to take this up. so as i am watching, this as i am listening, i am wondering how are they going to create a controversy worthy of the supreme court reviewing, it assuming that the appeals courts sides with judge chutkan,

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