If Orly or Kreep get a ruling in their favor, then the case will be remanded to the lower court to be heard.
If it is not in their favor, then they can appeal to the supreme court.
These rulings will take months.
Also there may be a chance that the doj appeals to the supreme court if the ruling is against them. AND the supreme ct will hear that one.
Based on experience as a client not as a lawyer, a ruling against the plaintiffs (upholding the prior federal court's ruling) by this 9th Circuit Panel would next be reviewed for a ruling 'en banc' which means, as a matter of procedure, a request for review of findings of law (not fact) by the entire 9th Circuit of 27 or so judges presently seated. Failing that the plaintiffs can try to get the attention of the Supreme Court which would be less that a 1 in 1000 shot at best barring a major error in the 9th Circuit's decision or a contrary decision in another Appelate Court.
Patiently awaiting the onslaught from the legal beagles here.