Thanks for the article link, Sire Ribit.
Breyer already got slapped down very quickly before by the Ninth Circuit Court of Appeals.
So Breyer is attempting to 'lawyer around' that slap down now by 'rephrasing' and 'narrowing' himself in the hopes of slipping this 'modified' ruling through.
Just for reference the Ninth Circuit is not known as being very 'conservative' - so that original slap down musta stung like a bitch.
It will be interesting to see if this slippery piece of garbage gets his other cheeks reddened as well.