If I've got this wrong, please tell me.
Did not SCOTUS GVR this back to the 9th? Which in turned kicked it back down to the District Court? So......other than the 9th's en banc refusal to follow SCOTUS precedent (and apparently SCOTUS' direction), what has changed? And can this now be directly appealed to SCOTUS?
A number of years ago, I read that the 9th was the most overturned of the 12 US Circuit Courts of Appeal. Without checking, I will speculate that this hasn't changed.