There has already been a split between two circuits (4th Circ. in VA and DC Circ) on this question. You might be surprised at which held which position. That split between the circuits is typically what causes SCOTUS to take a case.
I think SCOTUS will take this case. Swing votes are of course Kennedy and Roberts...Almost impossible to predict outcome but the pessimist in me thinks one of the two will uphold the “intent” of the law.