Robin Vander Wall
Well, again, anything is possible. But I believe it’s simply a question of logic. IS the ruling below correct? Don’t disturb it. Is the ruling below a problem? Disturb it. The Court isn’t going to grant cert if it believes the Sixth Circuit applied the correct legal analysis. Historically, the Court settles disputes among the Circuits. If doesn’t set precedence by pointing to a Circuit decision and saying “See y’all?? Look at this. This Court here has it right!” That’s not the way it works.
So..I stand by the logic. IF the Court grants cert, it’s NOT to sustain. It would be to reverse…at least in substantive part. That would not be a victory for our cause.