Unfortunately, in this case the 9th Circuit has stare decisis on their side (based on one of the worst decisions the SCOTUS ever handed down — yeah Roe v. Wade and Dred Scott were worse, but Wickard v. Filburn is down there on the role of dishonor .) I don’t think there’s even a 5-4 majority to be had to overturn Wickard, which is what this would take, not just chip away at it, fully overturn it.
/johnny