Even though the 6th Circuit panel draw turns out to have been a bad one, the overall lottery draw placing this matter in the 6th Circuit may well turn out to be fortuitous. Kavanaugh oversees the 6th Circuit, has received the petition for review, and will now decide to present it to the Court at large. Difficult to imagine that Kavanaugh won't do so. Equally difficult to imagine is that he won't find the three additional justices to take the case up. And of course Kavanaugh would be a justice sympathetic to immediately reinstating the injunction which he can do on his own until the full Court decides differently. Time is precious in this matter as, absent an injunction, employees are losing their livelihoods at present or receiving a potentially harmful medical treatment contrary to their will. If the case were coming up from a Circuit overseen by, let's say, Sotomayor, the case would not be accepted and, by the time the matter worked its way up to the Court through normal process, the damage to hundreds of thousand lives would already have occurred.