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Notes -
Very possibly. They have copy/paste language, so it very well may be one of those where they grant cert on both questions and then have a variety of colloquies about whether there is any reason to interpret the same language differently. They may ultimately claim to punt on the Constitutional question, but my guess is that unless there is some form of "smoking gun" in the opinion for why they should interpret it differently, then I think the reasonable inference would be that we have significantly more certainty on the Constitutional question than we did before, and it significantly lowers the chance of a statute passing muster, either.
I would note that the only way they can really claim to punt on the Constitutional question would be if they rule against the gov't. They can't really rule for the gov't on the statutory question and then leave the Constitutional question unresolved. That's part of why they're likely to grant cert on both questions and from that point, there would be some chance of, "We're technically only resolving the statutory question against the gov't and leaving the Constitutional question open, but c'mon, it's gotta be 90+% that the Constitutional question with the exact same language will come out the same way."
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