The likelihood of either the CAFC granting en banc consideration or the Supreme Court granting a writofcertiorari is considered by legal experts to be small.
The two situations in which the Supreme Court is most likely to accept the type of discretionary appeal known as a writofcertiorari are when the circuits below "split, " or when a circuit has issued a bad ruling that will have serious implications for federal law.
Today, the American Freedom Law Center (AFLC) filed a petition for a writofcertiorari in the United States Supreme Court, asking the Court to review an appellate court decision which held that a federal taxpayer lacked "standing" to challenge the constitutionality of the federal government's use of taxpayer funds to support sharia.