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Yes, that's why they used rule 11 and SCOTUS took it. The 10th circuit was sitting on it and as soon as the SCOTUS took it under 11 the 10th panicked and said they will allow it to move to SCOTUS. At that point, SCOTUS told them they can remove rule 11. The 10th circuit court was stalling moving if forward for sure. I feel it has a good chance of being read and voted to move forward.