Eh, all of pages 28, 29, 30, and 31 are dedicated to the question, they just choose not to come to a definite answer. It's not like they didn't think about it.
Not to say that you couldn't be right, them both landing on intermediate scrutiny is just not how I read the tea leaves.
Not to say that you couldn't be right, them both landing on intermediate scrutiny is just not how I read the tea leaves.