In it, but not of it. TPM DC
"We think that the contest court may have felt constrained by some of the older Supreme Court cases -- 1975, 1937, some other cases -- and as a lower court wasn't about to say that the Supreme Court cases didn't apply here," Langdon explained. "However, the Supreme Court itself can make it clear that those cases involved very distinct circumstances that aren't applicable here. And as a result, they don't govern this action, and the constitutional issues -- equal protection and due process -- do."
Langdon predicted that the court might set a schedule to hear arguments in anywhere from two weeks to two months. "In normal circumstances, with a typical civil case, the process could take anywhere from three to eight months," he said. "So this is -- whatever they choose will be very expedited."
Langdon also explained the process, and how the notice of appeal will briefly lay out which issues will be appealed, which will then be expanded upon in the later briefs: "It's essentially the same issues as were at trial, only focused on the constitutional arguments."