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Mr Khan said:
The SC's been super-cagey about this issue. It was obvious that they were going to punt. My guess is that they would come up with a very, very muddled ruling if they were forced to confront it head-on.


if they muddled the ruling, it would just end up back on their lap again.  I'm guessing that when this finally makes it to the supreme court (maybe next year?)  they will actually have to definitively rule on it.