The argument is over official acts because of the ruling of the District Court. The judge very specifically didn’t rule on whether or not these were official acts but ruled that there’s no immunity even for official acts. So in this case right now before the Supreme Court that’s all they’re going to evaluate. They spell it out in the grant of the writ of certiorari.

I think there’s a substantial chance that there will be immunity for official acts. But that’s also why I think it’s fairly obvious that once it gets back to the District Court the judge will find these aren’t official acts. It’s just unfortunately going to burn up more time to get there.