"We need to start fighting like we're in a war, " says HIA counsel Melody Harned.

CNN: Washington Diary: Another Dose Of Harry And Louise

After the memo was obtained by the New York Times, Harned said she had no knowledge that Lott actually said those words.

CNN: Washington Diary: Another Dose Of Harry And Louise

Next, Harned actually suggests, Girl Scouts may be forced to sell apples instead of cookies and employees may be required to use stairs instead of elevators.

FORBES: Ignore Evidence. Deny Science. Minimize Problems. Then Cry 'Freedom! (And Invoke the Nanny State)

The Republican leadership, Harned wrote in a memo, asked the coalition to "write the definitive piece of paper trashing all these bills" and launch a grass-roots effort against them.

CNN: Washington Diary: Another Dose Of Harry And Louise

On Wednesday, the American Action Forum is bringing together two former Supreme Court clerks and the Governor of Utah, Gary Herbert, to discuss the case along with Karen Harned of the National Federation of Independent Business and Doug Holtz-Eakin.

FORBES: Supreme Court Pre-Game Show