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Probably thanks to Kennedy actually. This doesn't mean they're upholding the Fourth District, it means that this case as is is not going to get overturned. Anyone may challenge it in the future but they need to get it perfect for them to change the ruling. Personally I think it's Kennedy that has told the rest flat out that he doesn't want to back the 2nd more than he has. Once he's gone or, gift from Santa, Ginsberg goes the next case makes it to them.