Did Justice Breyer Reveal How the Supreme Court Will Decide a Pending Case?
Today the Supreme Court heard oral argument in Arizona v. San Francisco, which in which the Court will decide whether states with interests should be permitted to intervene to defend a regulation (in this case, the so-called “Public Charge” rule) when the United States ceases to defend it, pending the development of a new regulation reflecting the current Administration’s views.
During oral argument, Justice Stephen Breyer seemed to disclose how the Court will decide another case, Cameron v. EMW Women’s Surgical Center, which was argued in October. Cameron presents the related question whether a state attorney general who is vested with the power to defend state law should be permitted to intervene to defend a state law after a federal court of appeals invalidated that statute and no other state actor will defend the law.
Here is the relevant portion of Justice Br
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