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Will: -but if fair-minded jurists could debate whether your claim is meritorious. So, Justice Sotomayor just made the point that several 8th Circuit judges dissenting from the [unintelligible , and now three Supreme Court Justices all think this claim is plausible. So, shouldn't that be enough by definition?

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But no. Four Justices say, "That's not what this case is about." The tribe did insist this at oral argument. They said, "No, we're not saying they have to do something exactly. We would just like an accounting. We would like to know what our rights are." Now, I guess one question is, is that just too clever? Is that like an end run? They maybe want to assert that the United States has some affirmative duties, but they don't want to commit to that because the Supreme Court won't let them. And so, this accounting is going to be the [unintelligible nose for another claim.