I heard Judge Napolitano (sp) state today on Gibson's show on FNC, that the 11th circuit does not have the power to order the re-insertion of the tube. The only thing they can do is refer the case BACK to the lower court due to irregularities. Don't know if this had been reported on here yet.
That is NOT true. They can do BOTH. Napolitano is a naysayer...has been always.