supremecourt.gov/DocketPDF/18/1…
The long and short of it is ... not good. The SG _did_ misstate the law, but doesn't acknowledge—or apologize for—doing so:
Here is the Solicitor General at the oral argument in response to a question from Justice Kavanaugh:
supremecourt.gov/oral_arguments…
![](https://pbs.twimg.com/media/EPJTx67X0AE4JjX.jpg)
![](https://pbs.twimg.com/media/EPJTx6_XUAEhkW0.jpg)
This exchange is almost certainly what prompted the Justices to issue the unusual order requesting supplemental briefing on exactly this question...
![](https://pbs.twimg.com/media/EPJTyZ4WAAENR81.jpg)
![](https://pbs.twimg.com/media/EPJTyalW4AcB1Gj.jpg)
supremecourt.gov/DocketPDF/18/1…
![](https://pbs.twimg.com/media/EPJTy2EXUAAZ6it.jpg)
That's an important argument for the broader legal issue in this icase, but it rather buries the pretty big lede here:
(1) Acknowledge that he misstated the law; or
(2) Apologize to the Court for doing so.
This is pretty ugly...
/end