Bad vibrations

Eugene Volokh notes the Alabama Supreme Court's upholding of its ban on sex toys (or more particularly, on those "designed or marketed as useful primarily for the stimulation of human genital organs" -- butt plugs, etc. meet with the Alabama Legislature's stamp of approval), and wonders whether this will be the case to get the issue before the U.S. Supreme Court, given that a circuit split already exists between the 11th (which itself had upheld the Alabama law) and our own 5th (which struck down Texas's similar law, and by implication Mississippi's as well). (Links to all these decisions helpfully provided at Volokh link.)

If so, I hope that Prof. Volokh is mistaken in predicting that the Alabama court's decision will be affirmed, but I confess to doubting that there are four votes for cert on the present bench.