Looks like Bernstein wasn't even a Supreme Court bench, the government loosened regs rather than appealing.
Whether or not a Trump admin would do the same is wildly difficult to predict. On one hand, Republican security hawks influence. On a similar hand, big US business interests. On the other hand, OTHER big US business interest. On yet another hand, some not-exactly-particularly-favored companies like Anthropic pushing for it.
If it made it to the Supreme Court it's not hard to see Gorsuch and Robert or another going for the "free speech" vs "security" reading here along with the 3 appointees of Democratic presidents, especially with no single clear US business interest or precedent there.
I'm in this timeline where SCOTUS did not rule on Bernstein
Was it before or after the Federalist Society and other political actors successfully placed a lot of unqualified judges on the lower courts?
Looks like Bernstein wasn't even a Supreme Court bench, the government loosened regs rather than appealing.
Whether or not a Trump admin would do the same is wildly difficult to predict. On one hand, Republican security hawks influence. On a similar hand, big US business interests. On the other hand, OTHER big US business interest. On yet another hand, some not-exactly-particularly-favored companies like Anthropic pushing for it.
If it made it to the Supreme Court it's not hard to see Gorsuch and Robert or another going for the "free speech" vs "security" reading here along with the 3 appointees of Democratic presidents, especially with no single clear US business interest or precedent there.