[nathanbedford]

Because the states as well as the federal government are parties and because the circuits are split, I think it almost inevitable that the court will take up the case. It is a matter of profound political and constitutional significance with implications for the whole economy and for the personal well-being of every American.

The court cannot very well conclude that one circuit which is for the law and another circuit which is against the law can each be left undisturbed and believe that the constitutionality of such an important law will be clear.

[eyedigress]

If the SCOTUS does not take it then 26 states win.