I am confused...
I know the 6th circuit court overruled the initial stay by the 5th circuit court, however, doesn’t the decision now go back to the 5th circuit court?
I think it does and we should be safe.
The challenges to the mandate had been made in a number of courts. The Fifth Circuit imposed a stay on the mandate. Thereafter the various cases/challenges were consolidated into just one court, namely the Sixth Court of Appeals. Once this happened the Fifth Circuit lost jurisdiction over the cases brought before it on this issue. The Sixth Circuit decided that a stay was not warranted, which triggered the appeal by some parties to the Supreme Court and then our ruling. Since the Fifth Circuit lost jurisdiction after the consolidation, the matter won’t go back to this court.