The Fourth Circuit decision depended on precedent set by the Rowan case.
After the 4th Circuit decision, the plaintiff and intervenor environmental groups filed a petition for certiorari with the Supreme Court.
Recent Fourth Circuit decisions have given plaintiffs' lawyers second thoughts about bringing cases in any of the five states that comprise the circuit.
The Clinton Administration appealed the Fourth Circuit decision, as did the NOW Legal Defense and Education Fund, which has represented Ms. Brzonkala in the case.
The latest decision by the Supreme Court to leave the 9th Circuit decision stand will likely be sent back to federal court for resolution.
The government then challenged the 10th Circuit decision via an appeal by six BLM employees.
Of significant interest is what the 9th Circuit decision says about the decisions of other courts.
Ocheltree was devastated that the Fourth Circuit decision was written by a woman.
It lets them keep standing the Fourth Circuit decision.
If the Justices uphold the Fourth Circuit decision, the ruling will apply to all Federal cases.