Obama follows some of Bush's footsteps
One judge asked the Justice Department lawyer if the change in administrations had any bearing on the case.
"No, your honor," came the reply.
According to The New York Times, "even the judges on the panel seemed surprised by the administration's decision to go forward" with the same argument.
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Progressives have a tendencyto hold their own to a higher standard than they do the "others" but it is perhaps this is because the others not only won't listen, they don't care and seem to enjoy the dismay they inflict.