5th circuit?
Yes - the 5th Circuit. All appeals/extraordinary relief from United States District Courts, in Texas, must go to the 5th Circuit. The administration is delaying the inevitably of losing again in the District Court, and the 5th Circuit. Then it will be on to the Supremes after Justice Scalia refuses to stay the order. I think Obama would like to have the DHS funding issue resolved in his favor before having his hand slapped.
Just my thoughts.