Solicitor General Paul Clement: Ayotte isn’t even meeting a large fraction of cases in which the statute would be invalid.
Souter: That was true in Casey…. After Casey, I don’t think one could plausibly argue that Salerno is the standard….
Kennedy: If not Casey or Salerno, how should I rule?
Clement: In favor of the state… their case is based on a one in a thousand possibility.