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Old 01-15-2009, 9:38 PM
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Justice Scanlon's opening remark, before Don Kilmer started, suggested the justices were very interested in the incorporation issue.

I scribbled notes most of the way; I read the Justices' questions as pretty favorable. Both Kates and Kilmer were pretty comfortable at the panel after dinner that incorporation was likely.

Don Kilmer also said he expects the decision in about 3 months; it might be a bit earlier, but he'd be surprised if it were much longer.

So, end of March to mid-April for this step.

Caution: this is still going to be a long process. Panel reminded us that post-Civil War, after 13th amendment and associated legislative actions, states still tried to ignore the changes. We can expect no less in this century.
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