I may not be remembering it correctly, but I thought ESQ spoke to this previously. I don't think a district judge would fly in the face of a circuit decision.
I'd guess she invalidates the AWB under SS... Frosh appeals to circuit and the decision is upheld. Frosh then asks for en banc. At that point, it's luck of the draw with Frosh having an advantage given the makeup of the circuit.
Then it's up to one of us to file for cert. If Frosh is filing, he prob gets it because a State law has been found unconstitutional. If we're filing, odds are lower... much lower.
I'd guess she invalidates the AWB under SS... Frosh appeals to circuit and the decision is upheld. Frosh then asks for en banc. At that point, it's luck of the draw with Frosh having an advantage given the makeup of the circuit.
Then it's up to one of us to file for cert. If Frosh is filing, he prob gets it because a State law has been found unconstitutional. If we're filing, odds are lower... much lower.