I’m honestly surprised that she dismissed at this stage. If she could have dragged the case to the point where they had selected a jury, then dismissed for some reason, there would have been no right to an appeal. I do understand that Clarence Thomas essentially suggested that Cannon should take this route in one of his concurrences, but it seems like the wrong strategy when there was a possibility to dismiss without the possibility of appeal.
I don’t mean that I wish she had dismissed later. I just mean that I’m surprised because I thought their strategy was going to be different with this case.
I feel like the only way this dismissal makes sense is if there have been back room conversations between Cannon and SCOTUS indicating that there is a majority to overturn any 11th circuit ruling. Cannon wouldn’t have dismissed unless the outcome was in some way guaranteed because the outcome of seating a jury, then dismissing was absolutely guaranteed.