Yes, the 11th Circuit ruling would stand in that circuit, but the 6th Circuit ruled the opposite way, so the SC will have to take the case to resolve that issue because of the split between the circuits, especially since the issue is applicable to the whole country. Then, there’s the 4th Circuit ruling. It has to be taken up by the SC IMO, it’s just a matter of when. I just think the reporter meant it’s not going to be for this session in October. Next session is June 2012 i believe. Here’s the current list of cases (on page 2), where the SC has granted cert: http://www.supremecourt.gov/orders/courtorders/092711zr.pdf
From my understanding, you could have several circuit appeals court decisions stating that it is “constitutional” and it would not make a difference. If just one appeals court rules “unconstitutional” , it is in fact “unconstitutional” since the law errs on the side of “unconstitutional”