Robin Vander Wall
The Sixth Circuit’s opinion is solid and will be hard to contain. It’s surely to have an affect on other Circuits as they are asked to consider similar claims. NARSOL’s lawsuit in North Carolina (which will inevitably find its way to the Fourth Circuit) is much stronger because of the Sixth Circuit case. We don’t want it disturbed. This is a classic “bird in the hand versus two in the tree” scenario. It’s rank speculation that the Supreme Court would actually sustain the Sixth Circuit. Indeed, IF the Supreme Court grants cert it would more likely be for the purpose of reversing the Sixth Circuit, not to sustain it. The Supreme Court hardly ever grants cert in order to sustain a lower court’s decision UNLESS there is a split among the Circuits. Right now, there is no split. Good legal analysis (according to most of the attorneys with whom we have discussed the matter) dictates that we should not be hoping for the Court to grant cert. If the Court does, we are likely to be set back many years in this movement.