The Supreme Court, what’s going on? It doesn’t appear — and you really can’t make any judgments, final judgments, on this. But the oral arguments do not appear to be going well for the regime. The regime’s solicitor general is being laughed at on occasion, and the justices are poking holes in many regime arguments up there. But, as I say, oral arguments, you never know what indicator they are. It’s like trying to read a jury. But still, it’s entertaining and it’s instructive and we’ll pass it all on to you.

Oral arguments at the Supreme Court are taking place today, and we have bits and blurbs flowing in here as circumstances warrant. For example, “Supreme Court Justice Anthony Kennedy said the US government has a ‘very heavy burden of justification’ to show where the Constitution authorizes the Congress to change the relation of individuals to the government.” He means they got a really tough burden of proof here. He’s the fifth justice. This is the justice everybody thinks is going to end up deciding this, and this is why, by the way, oral arguments really don’t give you much of an indication. Because justices are political, too, and they can say things in oral arguments to deflect attention to any number of reasons here.

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