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Q: How do you know when to petition for review?
A: When your decision contains one footnote pointing out a split of authority, and another footnote points out that any PFR would probably be granted and held pending a decision in a case on review. Like footnotes 2 and 3 here.
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Or another way to get to the Supreme Court may be a line like this (in an opinion today):
"Assuming the Skidmore holding still remains viable—a question we need not decide but which the Supreme Court might want to address...."
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"Ignorance of the law excuses no man -- from practicing it!" Addison Mizner