With the Mississippi Supreme Court punting the decision on the constitutionality of Mississippi’s non-economic damages caps, the issue is back where it started: the 5th Circuit Court of Appeals.
So what will the 5th Circuit do? 
The panel assigned to the case consists of Judges King, Stewart and Owen. Two of the three were appointed by Democratic presidents.
But you would think that such a monumental issue would get en banc treatment. The 5th Circuit has 10 judges appointed by Republican presidents and 5 appointed by Democrats.
Although not necessarily the most likely outcome, what if the Court struck the caps? If that happened, plaintiffs in big cases would want to file the case in federal court and defendants would want the case in state court.
That’s exactly the opposite of the prevailing wisdom for my entire 19 years of legal practice.
That would be funny. Plaintiff and defense lawyers might get confused and start arguing the other side’s case out of habit.