I believe that now they will ask the full Court of Appeals before it goes to the Supreme Court.
They indicated they’d go straight to the supremes.
Would be a waste effort to try and overturn en bank when only 4 of the 11 judges were appointed by a Republican and the one appointed by Bush was on the original panel. That being said if the strategy is to stretch out the litigation so the Supreme Court opinion will be later, ok. But I think the faster the Supremes can dispose of the persecution of these nonsense cases the better.