It only applies to the 5th Circuit, that’s why you can get Circuits with opposed rulings and SCOTUS has to make a nationwide ruling.
They need to pursue it in the other Circuits and take it to SCOTUS.
Thanks for the correction.
Federal circuit court rulings are binding on all federal district courts within their circuit, but they don’t apply to federal courts in other circuits. Each circuit has its own Court of Appeals, and their decisions are only mandatory within that specific circuit.
https://www.law.georgetown.edu/wp-content/uploads/2018/07/Which-Court-is-Binding-HandoutFinal.pdf