So then we should hope this goes to the Supreme Court so it can be upheld there and applied everywhere? Or will most smaller courts apply it in other districts anyway, if the 9th Circuit upholds it?
It really depends. For politically controversial stuff like this, lower courts ten to be skeptical of out-of-Circuit decisions, especially out of the 9th, which has a reputation for being lala-land. If it were something mundane, or the circuit was say the 2nd rather than the 9th, then district courts elsewhere would probably consider the decision fairly persuasive, absent a contrary decision in their own circuit. But with something like this, who knows?
Ideally what would happen is for the case to be appealed, for the 9th circuit to uphold, then for a different circuit to come out the other way so the argument can be made that the Supreme Court needs to resolve the circuit split. That's one typical way controversial things like this make their way up to the Supreme Court.
> Ideally... the 9th circuit [upholds], then ... a different circuit to come out the other way so ... the Supreme Court needs to resolve the circuit split.
I think that is the likely outcome, but I think an ideal one would be one where more than one circuit court affirm this standpoint, and the others follow suit. Wouldn't it then no longer need to go to the Supreme Court?
