If SCOTUS wants to end an appealed case, they can overrule and vacate the decision of the lower court. They did not do so and remanded back to the 5th Circuit with their "opinion" trying to influence the en banc judges. The SCOTUS opinion was a travesty of justice in most anybody's mind so yes, they can throw the SCOTUS opinion in the trashcan where it REALLY belongs and stick to their guns. I'm told that this time, the 5th Circuit's opinion and remedy will be the final decision.
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