I have a sneaking suspicion that, WaPo editorial entreaties and politicians’ bluster to the contrary notwithstanding, the District will not file a petition for a writ of certiorari. If it fails to do so, the D.C. Circuit’s petition is the law only in the District, and is nothing more than persuasive authority for any other Circuit.
It’s a rather common tactical decision among the Left/unions in my practice. They bite the bullet and take a bad decision in a single Circuit, because they fear the adverse impact of a Supreme Court decision, which of course has nationwide application. The last three times they took one of our Circuit-court “wins” to the Supreme Court — Teachers Local No. 1 v. Hudson, 475 U.S. 292 (1986); Communications Workers v. Beck, 487 U.S. 735 (1988); and Air Line Pilots Association v. Miller, 523 U.S. 866 (1998) (the party seeking review is listed first) — they lost. Rather badly.
And while the Supreme Court reverses in about 65% of the cases they take (the last statistic I saw on the issue), there is that 35% of cases where they take the case to affirm and apply a good Circuit-court decision nationwide.
'Course, I could easily be wrong.