[Publius6961]

And the state has, by their own state law, until 2004 to replace it. Can this be appealed?

You bet.
The 2004 date was said by agreement and consensus of all the parties in the discussion at the time.

The Supreme Court will have to get involved in this one.
What is the overturn rate of the Ninth Circus? 80%?

[muleskinner]

Closer to 90%