Indeed, we leave the LSC program subject to even a greater uncertainty than the one we purport to have eliminated, since other circuits may conclude (as I do) that if the limitation upon welfare representation is unconstitutional, LSC attorneys cannot engage in welfare litigation at all.
We need to make the LSC program clearer, to prevent other circuits from thinking the attorneys can't do their job.
mnli hypothesis: We need to make the LSC program clearer, to prevent other circuits from thinking the attorneys can't do their job. premise: Indeed, we leave the LSC program subject to even a greater uncertainty than the one we purport to have eliminated, since other circuits may conclude (as I do) that if the limitation upon welfare representation is unconstitutional, LSC attorneys cannot engage in welfare litigation at all.