[_delirium]

The timeline seems to be something like:

   2001: filed in district court
   2002: put on hold pending Eldred v. Ashcroft
   2003: reactivated with amended complaint
   2004: district court denies gov't motion to dismiss
   2005: district court grants gov't summary judgment
   2006: appeal briefed/argued in circuit court
   2007: suit partly reinstated by circuit court
   2008: circuit court denies gov't petition for rehearing
   2009: district court now rules in favor of plaintiffs
   2010: circuit court now reverses, dismissing suit after all
   2011: supreme court agrees to hear the case

The main weirdness is that each side has won once in each of the two courts, so it's made a bunch of trips back and forth. That and getting tied up with Eldred v. Ashcroft for 2 years at the start.