I just read that the 9th Circus denied the Gubmint appeal. IF, and I am no lawyer, what I have read is true, this puts the Gubmint in a real bind. The next option would be the Supremes. Since it is "National Security" it would need to be fast tracked, like the Bush/Gore fiasco. As I understand it, a tie leaves in place (upholds) whatever then lower courts decided.

So, if they appeal now, and the really should if it is so critical to National Security, the vote will likely be no better than 4-4, which means the ruling would stay in force.

Like I said, I'm not lawyer but that how it looks from the bleachers.