Excellent summary and analysis as usual, Al.
Gura holding back (in the hopes of a favorable CA7 decision) in filing for cert is a tactical response I believe he will make.
Agreed. And even in the case of an unfavorable decision, he will have the opportunity to craft the cert request accordingly. Glad to hear he can wait if strategy so dictates.
If I correctly recall Posner's views on the matter, the idea that bearing
is a home-bound right will get NO consideration from him. Since this case seems to rest on that error, it will have no persuasive authority with him. Here's to Posner doing the right thing.
For we who are vested in a good outcome: What drama, what nail biting! So much at stake.