Sullivan must dismiss the case as soon as the Circuit Court issues the mandate that was decided by the 3-judge panel. Normally that happens after the Courts decides that it will not grant an en banc hearing. The time for requesting an en banc hearing should have expired on July 4, but the deadline may have been extended due to the holiday.
I haven’t seen anything from the Court since Monday, so who knows what will happen next.
What the deadline to request hearing. How long can this go on?