There should be a shortcut through our legal bureaucracy to punish obvious BS like this. The amount of time wasted to evaluate such stupid claims is surely huge.
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Also, I don't think this response is really the same as an appeal. It's just another legal footnote to keep in mind if/when other parts of the court comes in to block this (as they are so likely to do this year. Can't let the working class have good things).
Of course, that implies a system that places the interests of citizens at least on par with the interests of capital (and can conceive of those as distinct concepts in the first place), which is clearly communist crazy-talk.