Depending on the mood of the Circuit judges involved, I suspect it will be reversed on the Article III standing issue alone.Overturned on 'no injury = no standing' I guess? Cleaner that way, if it is overturned. Stevens handles the Sixth Circuit, so I could see him taking the appeal, no? --R.
Stevens wouldn't touch it with a ten foot pole. He knows he will get blasted out of the sky if he takes it to the full court. Besides, I don't think even he would rule that the Plaintiff here has a "personal and concrete injury", which is what the court has repeatedly said Art. III requires.