There’s also a theory that the 5th circuit exists to make terrible rulings so that the Supreme Court can overturn it but do it in such a way that it still advances some horrible agenda.
Something along the lines of:
5th Circuit: You can totally post the ten commandments in schools, because hoorah Jesus!
Supreme Court: You can’t actually post the the ten commandments in all schools, just the private ones, oh and by the way it’s totally cool and legal to drain all the funding out of public schools and give it to private schools.