[nathanbedford]

Evidently the Fourth Circuit Court of Appeals has just ruled in favor of the government creating a conflict and rulings and greatly increasing the likelihood that this will in fact go to the Supreme Court as you predicted.

[Clump]

I don’t know if there will ultimately be a split after the full DC Circuirt rules.
That said, I highly doubt that the SCOTUS is going to let something of this magnitude get decided by the lower courts.
The other main reason is that all we need is four to get the case heard, and the original four dissenters really have nothing to lose by hearing this case.
Often times one side will choose not to hear an appeal if it thinks it won’t get five votes, for fear that it will just be more precedent to overcome in the future.
But this is a case of statutory interpretation so there’s no reason to fear taking it.
We could talk all day about the lower courts, statutory interpretation, that EPA case (which is on point), but at the end of the day it will come right down to Roberts.
There’s not one ounce of intellectual honesty on the left, and Roberts is (or has been) too caught up in the perception of the court and his legacy to be reliable.