Actually YES. The 6th covers MI, OH, KY TN.
So given the 6th's general 'disdain' for the ACLU's antics this may not even go to SCOTUS.
I have the Mercer case bookmarked. Sometimes when I feel down I go back and read it to cheer me up :-)
I just re-read it thanks to the link you provided. I really like the part where the court essentially says the ACLU isn't the "reasonable person" used as a standard and is, basically, an "eggshell plaintiff." BWAHAHAHA! Love it.