Wait to appeal until Justice Gorsuch is confirmed. Confirm him ASAP.
Appoint ONLY strict conservatives to the 9th circuit for the next 4 years (and tell the Senators from Kalifornia, Oregon and Washington People’s Republics that their “Leftist Privilege” to pick the names of proposed judges for the 9th Circuit has been REVOKED!!
5 of the USSC justices have to agree to take the case....and that it's unlikely they would get involved this early in the game.
Or just Revoke the Ninth Circuit.