…Treasury will likely ask judges for additional briefing when the final rules comes out, though they won’t remedy the issue of coercing state policy, said Peggy Little, an attorney with the New Civil Liberties Alliance, which has filed briefs supporting the states in three suits. “The Kentucky court didn’t even look at whether regulations were ambiguous or not, they just said it would be coercive. Even if you think it could cure things, its much too late…”

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