One cannot appeal a state supreme court judgment to a federal circuit. Any request for relief goes right to SCOTUS, which could deadlock 4-4 on the question if it reached it (it was not presented in the state litigation) https://twitter.com/joeff53/status/1024495434146885632 …
No federal court will entertain a challenge to this measure before it passes. If it passes, I envision a federal lawsuit against the statute which can raise the issue cleanly.
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I think we’re on the same page. This could be a textbook illustration of the importance of circuit judges—which McConnell knows all too well. Thanks again.
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