Not to get too far off track, but some people have the impression there's favorable and unfavorable circuits. Each panel is 3 judges out of a minimum of 11(the 9th has 30 something). It's the luck of the draw. Woollard in the 4th circuit, considered a conservative court because of the states encompassed, got 2 Clinton and 1 Obama appointee. Peruta in the 9th, however, got 2 GOP appointed judges. We have to remember the best way to SCOTUS is a circuit split, and that includes losing at least 1 case.
Woollard was just denied en banc(no suprise), so now 90 days to petition SCOTUS. Gura will obviously wait to see how IL shakes out, but it seems unlikely IL will push at this late stage. This also gives time for Peruta and Muller to get decided and get an official split.
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