How many times have you been wrong standing by what you said? There will be an en banc hearing and it will reverse the circuit court. SCOTUS will then decline to intervene, leaving Flynn back it Sullivan’s court. It’s scripted, by the 2-1 decision. Wilkins teed it up for more delay with his dissent.
Wrong? I doubt Sullivan will let this go further. It will only wind up as a further embarrassment.
Why would SCOTUS decline?
Good take. Sullivan's removal of the July hearing is of no meaningful consequence; at the last minute, he will ask the full court to take the issue or otherwise has been told it will. The full court will continue to run out the clock with its view of what the words, "with leave of the court" plainly means in this particular factual setting.
IMO, however, the law is so strong the USSC will almost certainly intervene; and, under Roberts, we may see a subtle attempt to further delay resolution beyond the presidential election.