What do you do when an appeals court opinion looks wrong but isn’t quite right for certiorari? That was the question posed to me recently by a lawyer trying to draft a cert petition that just didn’t present a classic circuit split or issue of great importance. The opinion below was poor — one of those filled-with-factual-distinctions, “this-is-a-close-case” pieces of results-oriented judging. But it wasn’t cert-worthy, either. It was the kind of case that was going to make some law …