The likelihood of either the CAFC granting en banc consideration or the Supreme Court granting a writ of certiorari 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 writ of certiorari 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 writ of certiorari 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.