I don't understand this strategy. Dueling circuit courts of appeals? I thought an overruling would have to come from a higher court which would be Scotus.
Biden administration asks federal appeals court to immediately lift pause on business vaccine mandate - CNBC - https://archive.ph/1Q8kn
The Judiciary Branch consolidated them - basically SCOTUS is forcing the case to go through a federal circuit before it reaches them, but only one.
The unions even filed several last-minute cases in lefty circuits to increase the chances that someplace like the Ninth would get to hear the case. Absolute bastards.
Didn't matter, though; they did the lottery with equal chances for each circuit, not each case, and cases had already been filed in every circuit from the state attorneys-general.