late january, and there is a majority to uphold the underlying princple, it could be done and announced before alito gets sworn in. the majority would have incentive to do that. and all the minority could do (especially with a newly minted CJ) is drag their feet on dissents.
could be done. and there is the political need on both sides of the aisle to defuse this issue before 2006- fark the right's litmus test, it's a loser's game to run on that one issue- see Casey in PA (or should i say santorum in PA).
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