Reply To: Federal judiciary finally sees light: Restrictions are punishment


The case remains in the circuit court’s sphere until such time as the circuit court rehearing options expire. Then the case heads back to the district court where it originated. Should the case finally end up “below” (at the district court level), everyone can relax a bit and take comfort in knowing that the case cannot be disturbed at the present appellate level. At that point in time, the state (AG’s office) will still have the privilege of seeking a Writ of Certiorari from the U.S. Supreme Court. But the District court will not wait around to see what the Supreme Court does….and will proceed to dispose of the case in accordance with the 6th Circuit’s opinion (and this is also likely to take a while since the AG’s office will then be arguing that the opinion was more narrow than not).