maybe lose on the law

but win on the facts. Justiciable in principle, but not proven to be "improper". But certainly not unanimous either way. The discussion re remedy may have been no more than enabling those who decide against the Gov to say what they'd have done, or even to enable those who decide in favour of the Gov to say that a remedy would bring about no useful outcome.
Personally, I think a finding against the Gov would be quite a dangerous precedent - I find the concept of "improper purpose" in this context particularly problematic. And in any event, I do not understand how a finding of fact can be made satisfactorily - regardless of what I or anyone else might suspect.

Posted By: paulg, Sep 24, 09:35:55