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.