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Politics : PRESIDENT GEORGE W. BUSH
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To: Kenneth E. Phillipps who wrote (115830)12/14/2000 12:21:09 PM
From: donjuan_demarco  Read Replies (2) of 769670
 
FSC was in Catch 22 ...

If they provide a definite standard, the USSC dings them for straying from the statutory scheme.

If they stick to the statutory scheme, the USSC dings them for applying an unconstitutional statute.

And since the constitutional theory the USSC utilized is one of those rare "one time only" constitutional rights, the USSC does not have to worry about a later court overruling the decision.
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