Interestingly, the Court compared the subject clause to the lawyer's approval condition considered by the Alberta Court of Appeal in Castledowns Law Office Management Ltd v Fastrack Technologies Inc., in which Justice Slatter (in dissent) rejected submissions that the lawyer's disapproval must be based on «
purely legal considerations.»
In justifying this approach, the court pointed to several
considerations that SCOTUS identified as benefits to merits - first: the importance and frequency of the constitutional issue, the need of police departments for guidance on the issue, the
purely legal, non-fact-bound nature of the issue, and the quality of the briefing (with amicus briefs from several advocacy organizations, a group of First Amendment professors, and DOJ's Civil Rights Division).