[aristeides]

Now that plaintiffs have lost their appeal, how does the Justice Dept step in and appeal it to SCOTUS? The Justice Dept was never involved.

If the plaintiffs now petition the SCOTUS for certiorari, the Justice Dept can file an amicus brief with the court in support of that petition.

[GnL]

If the plaintiffs now petition the SCOTUS for certiorari, the Justice Dept can file an amicus brief with the court in support of that petition.

Of course they can. So can I, with consent of the parties. That's a long way from actually litigating the appeal, however.