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Vinay Harpalani, a law professor at the University of New Mexico, said SCOTUS’ delay might mean it is “a little bit less likely” to take the case.

“A lot of experts, including me, didn’t think the court was going to grant cert on this because there’s a lot of other cases coming up,” he said.

“It does seem to indicate that there are justices on the fence a bit who want to know more and are willing to delay the case, because we don’t know when the Solicitor General will file their briefs,” Harpalani said.

Harpalani said the Solicitor General’s office “does not do this very quickly.”

“It takes its time in filing a brief like this when there’s a call for review for the Solicitor General,” he said. “I would say no earlier than October, but quite likely December or January. They could push it far back enough that the Court does not hear the case until the 2022 to 2023 term.”

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The Harvard Crimson

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Law Commons



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