I would submit that it really doesn't matter. Even if they had chosen the 9th circus and gotten a unanimous opinion, this will be settled, for better or for the end of our country by SCOTUS. And it is that simple - either ØbozoScare dies a richly deserved death or America does.
If the left can mandate this, they can mandate anything.
I won't submit.
The courts can either join me or take their rightful place...in my crosshairs.