There is no down size for him. He would be praised by the press for doing so!
Would not doubt the temperature is being taken on the full DC Appeals Court! And I am sure Sidney is a few steps ahead of him for her next move!
I understand the hand wringing, but some perspective, please. When the DC Circuit granted the Writ, they specifically instructed Sullivan to explain his ruling in light of the DC Circuit precedent US v Fokker. That's a 2016 precedent.
Sullivan may drag it out as far as he can, but he effectively has nowhere to go.