I don’t think the Supreme Court will step into this before an en banc hearing.
I dont think the Supreme Court will step into this before an en banc hearing.
++++
And an en banc hearing would involve a majority of Dem nominated judges. It seems doubtful to me that a Roberts court would be anxious to take up this case if the 3 judge decision is reversed.
I hate to be negative but I am not hopeful this will turn out the way we would like.
Why not? Roberts has inoculated himself on this issue, while Kagan has shot herself in the foot.