I was hoping someone smart could answer that. I assume the last highest court that has ruled on it would be what stands
RE: I was hoping someone smart could answer that.
See Post 23 above.
We should hope that the SCOTUS simply refuses to take it up if this is the case.
Conflicting rulings by different jurisdictions means the USSC has to take it eventually. And if at least four Justices vote to take it this fall, there will be a decision next June.
However, I believe they can punt and require the Obama and Holder to appeal it to the full 11th Circuit first. The reasoning behind that would be to get more arguments and opinions so that both sides have their cards on the table. This is likely; only rarely does the USSC take cases before the entire appeals process has played out.
As I recall, the Supreme Court ruled on the 2000 Presidential election recount only because of Constitutional time constraints.