X-Factor
I don't say please
A win at this point would be hard, but still possible. The Fourth made some progress forwarding recognition of the right in Chester, but then backed off and said they did not want to rule on the existence of a public right in Masciandaro. They did not outright tell their lower courts to vote "no" on the question, but the authors definitely came close.
So a district judge could potentially rule our way under the premise that the Fourth has not actually ruled on the question. That means it goes straight to Richmond for a fight. Getting a stay should require the government to demonstrate actual damage (per Chester and now Ezell even though it is not directly applicable). That would be hard.
Win, lose or draw at the District level, we have a lot of cases on their way up the chain right now. If Woollard disappeared from court dockets tomorrow, the tide would continue to roll in. We will get our day in court one way or the other.
Keep in mind that there are two parties asking the Supreme Court to answer the question right now. That puts them well ahead of this case.
We might get a feel on the 21st on where our Woollard case is in the mind of the judge. If he is having heartburn on some issue, we should see that.
EDIT: To be clear, I have always said this is a likely loser in the District Court and nothing in recent times has changed that. If anything, a win is harder now than it was early this year. I just don't want to be handing out false hope.
I know you have always said that, but given the strength of Woolard I fail to see WHY. Either way, we will win one way or another; I just hope sooner rather than later.