US Court of Appeals Won’t Reopen Thomas Case

The United States Court of Appeals for the Sixth Circuit denied a request by the Tennessee DOT to rehear the Thomas Case.  There are now two possible solutions.  (1) The Tennessee legislature passes a fix to the state’s sign code when it reconvenes in January.  (2) The Tennessee DOT appeals the case to the Supreme Court.

Insider’s Take:  The easiest and quickest fix is a legislative solution.  There’s no assurance that the US Supreme Court will even take the case.  It only takes 100-150 of the 7,000 cases it is asked to review each year.  And who knows what new justices Roberts and Kavanaugh will think.

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