Either way it will be decided by the Supremes, no?
Maybe, maybe not. The Supreme Court doesn’t have to take the case, and may prefer to stay out of it. From a stritly legal perspective, the issue in this case is not terribly important or far reaching - it’s fundamentally a pretty narrow question of statutory interpretation. Obviously the effects of any decision would be tremendous, but that may not be enough to entice the Supreme Court to step in.