Yesterday, Mark Smith at Four Boxes Diner had a good piece on the potential silver lining in the denial of the en banc rehearing petition.
Yes, it’s 13 minutes and I’ll cut to the chase: The State (the defendants) have pleaded to the US Supreme Court to allow the cases to continue to percolate through the system to their conclusion before interceding. Well, in this case, the Illinois case has percolated through the system – at least where it comes to the interlocutory appeals – and yesterday’s denial of the en banc rehearing essentially ended percolation for the case. As such, that opens the door to SCOTUS.
Ordinarily I’d dismiss SCOTUS taking action on a matter like this as extremely unlikely and almost unheard of, and I’m pretty sure Esquire Smith would agree. However, what he seems to be saying is that given the 7th Circuit’s repeated flagrant refusal to accept their role as an INFERIOR court might increase the potential for SCOTUS to publicly rebuke them. I agree with that as well.
Watch the whole thing for explanation of all the details.