This isn’t over.
The 9th didn’t rule on a constitutional basis but rather on a non-constitutional basis.
SCOTUS told the 9th it erred. - See PDF page 16 #III and first paragraph page 17
https://www.supremecourt.gov/opinions/17pdf/15-1204_f29g.pdf
SCOTUS actually remanded it for the Ninth to reconsider the case.
Held: The judgment is reversed, and the case is remanded.
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Please explain to us non Perry Masons. The part about judgement is reversed.