So the 10th Circuit court mentioned in the article is NOT the US 10th Circuit?
http://www.freerepublic.com/focus/news/3323923/posts
And this. I think the “circuit” mentioned in the article is maybe a misnomer. But, this matter has not yet been taken into federal court. Yet.
The article never uses the word "circuit." It says "10th Court of Appeals," which, without expressly saying "Texas" is pretty easy to mix up with the US/Federal 10th Circuit Court of Appeals.