Hugh Hewitt ( no friend of Pres Trump) was incensed by this decision. He said if any of his con law students presented the ruling the 9th circus did, he would have failed them all. I predict this is going to end badly for activist judges.
How? The difference between Hewitt’s students and the Judges is lifetime appointments. Judges have the freedom to interpret the situation/law at will. The only firewall between sane jurisprudence and activism is Congress. As of now Congress is not in position to do squat because there is not enough Senators (Enough State houses to enact proper Amendments, HOR would be close) that respect proper jurisprudence or begin the process of nuking lower courts.