So why bring it?

By bringing it up in this way, it will come up to the Supreme Court on direct appeal rather than a discretionary petition for cert.  As I’ve explained to blog readers many times, cases up on direct appeal are different because a decision not to hear such a case is a ruling on the merits (unlike a cert denial).

But in this case, I’ll make a bold prediction.  Lower court cites earlier authority to reject Blum’s suit. Supreme Court summarily affirms.