The Ninth Circuit surprised everybody by asking the parties to start briefing on whether Code Section 107 was constitutional and appointing an amicus, Professor Erwin Chemerinsky, to make the argument that it was not.

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"A trial is like a jig-saw puzzle and closing argument is when the lawyers put the pieces together, " says Erwin Chemerinsky, a law school professor at the University of Southern California who has been following the case.

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