Apparently not. Lev Daslin and his confederates at Main Justice were wrong, dead wrong. Today the United States Supreme Court said so.
Take careful note, the Supreme Court threw out the Second Circuit Court of Appeals opinion in a PER CURIUM opinion which said:
The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Second Circuit for further consideration in light of Section 565 of the Department of Homeland Security Appropriations Act, 2010, and the certification by the Secretary of Defense pursuant to that provision.
Here is the best part - back in April, Obama press spokesman Robert Gibbs noted the Best and the Brightest Lawyers at the Justice Department had concluded, we kid you not, that the Supreme Court wouldn't even be interested in TAKING the case:
The full Second Circuit had declined to reconsider the panel’s decisions, and Robert Gibbs, the chief White House spokesman, said on Friday that Justice Department lawyers had concluded they would not be able to persuade the Supreme Court to review the case.Nope. They couldn't get the Supreme Court to review the case. Instead the Supreme Court took the case AND reversed the Second Circuit all at once. Keep this in mind the next time some Justice Department Oracle tells you something. They are making it up as they go along, and the law they cite will always conform to the outcome they want.


