Your scenario doesn't get Judge Whittemore "off the hook" if the 11th Circuit issues a stay and tells him to go ahead and decide the merits -- then it's right back in his lap, with only a brief "respite." Only if he think they (and the Supremes) will also pass will it do that.
"Only if he think they (and the Supremes) will also pass will it do that."
That's true, but my guess is he will take his chances. And my guess is the 11th circuit will back him up. We'll see soon.
"Only if he think they (and the Supremes) will also pass will it do that."
That's true, but my guess is he will take his chances. And my guess is the 11th circuit will back him up. We'll see soon.