I should say that I was also co-counsel on the Stephen Marshall logging case as well. I think with the Marshall cases, the unique thing that I see in the way the Supreme Court handled the Marshall case is that ordinarily a new case will be brought to the court with a specific set of facts that are different from the initial case's set of facts. The court will look at the legal tenets they've applied according to those facts. I don't know that I've ever seen...and I think what is being suggested, the idea that the Supreme Court would come down with a decision and then a few months later narrow or change the tenor of that decision, not based on factual scenarios that are being brought forward, or new facts that are being brought forward, but simply bringing it based on the application of a fisheries association looking for a retrial.
You have to remember that the ratio of Marshall II is that they're denying the retrial. It's a unique.... Why the Supreme Court felt they needed to rediscuss two months later what they had discussed is still a bit of a mystery to me.