I have to disagree. Our current Supreme Court Justices are not infallible and have never claimed to be. They have overturned their own mistakes in the past just as many previous courts did. This AG has a bit of a political dilemma on his hands though and I’ve seen this in other states. If he brings it back to the Supreme Court and they hear it, which they will (explanation in a moment), then the Smith decision will very likely be overturned and life as an SO as we know it will be forever changed and more evidence based laws will replace the current laws. I’m sure some of them are already sitting on committee waiting for a decision like this. If he doesn’t bring it up on appeal, then the Smith decision will stand and our Supreme Court will actually be powerless to change it without a challenge. What happens depends on the AG’s personal beliefs and who is influencing him. He may decide to avoid appeal to avoid the possibility of overturning Smith. If he does appeal, I believe he knows that Smith will be overturned and he believes that’s the right thing to do. Appealing it to the Supreme Court is the politically safe way to advocate for this change.
Now, I said I’d explain why the Supreme Court will definitely hear it. It’s an appeal by an AG of a state. It’s almost an unwritten rule that appeals from AGs must be heard in the next court. If the appeal was from the John Does and Mary Doe, the Supreme Court might pass it up, but since it’s from the AG, they pretty much have to take it.