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Old 09-28-2015, 07:01 PM   #49
pwalker8
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Quote:
Originally Posted by DuckieTigger View Post
I still believe though, and please feel free to disagree, that Apple does not have very good chances to overturn this. Possible they still win? Sure, but chances are slim.
Well, we have hashed this out a number of times and the basic arguments on both sides don't change. It really comes down to if the Supreme Court wants to revise Leegin's or not, i.e. should Apple be judged via Rule of Reason or per se.

This sort of thing happens on a regular basis. We are seeing that with the issue of quotas and colleges. Generally, when the Supreme Court is prepared to reverse course, then they tend to hint that they are ready to reconsider. Plus, the five judges who were in the majority (Kennedy, who wrote the decision, Roberts, Scalia, Thomas and Alito) are still on the court while of those who dissented ( Breyer, Stevens, Souter and Ginsburg) Stevems and Souter have both retired.

Of course, what that doesn't take into account is if some technical detail comes into play.

As far as the assertion that the Supreme Court won't even hear it, I find it highly unlikely. The Supreme Court normally will hear a case that is in contradiction to an earlier ruling. In addition, it only takes 4 judges to grant certiorari.

Here is a link that discusses the basic process.

http://www.scotusblog.com/reference/...urt-procedure/
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