I don't think Justice Kennedy is going to go along with it this time.
"One of the problems is when you think about these cases you think about words or cases, and—and the word that keeps coming back to me in this case is—is millennia, plus time.
First of all, there has not been really time, so the respondents say, for the federal system to engage in this debate … But still, 10 years is—I don’t even know how to count the decimals when we talk about millennia. This definition has been with us for millennia. And it—it’s very difficult for the Court to say, oh, well, we—we know better."