In response to Gray's prediction that SCOTUS takes Kachalsky, hears orals in April and rules in June 2013:
(IANAL), but just from skimming other petitions' timelines, I find it will be VERY difficult for this. Normally, the loser has a 90 day window after the CCA's opinion is released(the opinion is only 2 weeks ago). If we take the 90 day window all the way, we're looking at late February. Then add in 30 days or so for a response from the state(best case scenario-state will undoubtedly ask for more time like they always do), plus another 2 weeks or so for plaintiffs response......now you're INTO April, which is the last month for orals. I don't think it's possible to get cert in early April and get oral arguments only a week or two later, calendar will most likely be full until Fall term.
We'll have to file for cert NOW. If a split happens along the way, then more briefs can be submitted along the way, but we just can't wait another 2-3 months for the split. There's also the risk that the split gets yanked from under us because other members of the circuit want to hold things up with an en banc hearing. This also assumes cert is granted after the first conference it's distributed to.
If we go until next term, it could be decided early just depending on how the case falls in terms of "importance". If it's the landmark case, it's going to be decided in June 2014
, but if there are more Obamacare suits,exc., then those will be the last decided. Again IANAL