Some justices at SCOTUS may even take this opportunity to attack Smith V. Doe through the Snyder case by granting cert. Maybe set an example as a: ” I told you so ”
It only takes 4 judges to grant cert. Two of the Smith dissenting judges are still on panel, I can see Kagan jumping on board since she is the justice assigned to the 6th court of appeals, Sotomayor may do so as well, Kennedy is disturbed by the fact that people are being punished post sentence, and Gorsuch doesn’t like the government having excessive regulatory powers as he dissented in U.S v. Nichols referencing sorna. He may well want to take jabs at the government’s regulatory sorna scheme in there as well, as a second round bout to U.S v. Nichols.
Could that be possible ?