I haven't lost 'all' hope yet, but it's getting there... slowly. And going on air making threats like this Kraken stuff is stretching my credulity to the max.
Like ...do something, dammit. Don't talk about it. Just DO IT.
@XenaLee I agree the "kraken stuff" has got to stop. The spokespeople need to pull their cards back toward their chests.
But we've got to remember you don't start over in an Appellate Court. Higher courts are not a retrial or a new trial of the case. The appeals courts do not (usually) consider new witnesses or new evidence. If the Supremes accept a case they order a lower court to send up the record of the case for review. (Followed by a few moments of oral arguments)
Here's my point: If you've got one eye on appealing to a higher court (which all attorneys should), when you present your case to the lower court your logic, law, precedents and evidence have got to be ready (and enough) for the Supremes. So "Just DO IT" sounds reasonable, but there are no guarantees you can fix a mistake or an omission after the case has been decided in a lower court.
So, yes, do it, but not until you've got every I dotted and t crossed.
Patience. The judiciary takes patience --- the virtue I'm called on most to exercise and is most often in short supply.