A Caetona style reversal would be hilarious.. My fear though that is if SCOTUS passes then the lower courts will take that as a green light to proceed with allowing AWB.
So basically if SCOTUS does what they should and follow their own precedence then they should issue a ruling for the two judges to recuse and reverse the decision.
My question is. If the judges had recused themselves, as they should, the ruling would of still be 3-2 which is a lose. So what are we expecting to be the wanted outcome from SCOTUS in this case.
My gut feeling is they will remand to give the feds a chance to come up with a better argument. But if they come back with the same BS there goose is cooked.