As predicted here, the U.S. Supreme Court has appointed an amicus to argue the position adopted by the Third Circuit but abandoned by the Solicitor General -- that a defendant prosecuted under an Act of Congress does not have standing to make a Tenth Amendment argument that the statute was beyond the power of Congress to enact.

The Court has appointed Stephen McAllister, the Solicitor General of Kansas, to make the argument.  I also predicted in the prior post that the appointed amicus "will get a glowingly complementary footnote in the opinion and a unanimous (or nearly so) defeat."  We will have wait until spring to see if I was right on that one.