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Perhaps, but I believe that Steve Cooley (the Republican candidate for AG) is on record (I believe) that he thinks Walker's decision is wrong and that it needs to be appealed to higher levels. If denied that appeal, would you rely on him to not generate the situation in which the opportunity would recur?
Anyway, like you I don't think it is all that likely. I was just pointing out that if somehow the question comes up again and it has only been dealt with at the district level then Walker has minimal precendential weight for the next judge if that judge disagrees.
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