You're assuming it will be overruled by SCOTUS.
Please remember that the SCOTUS is not in originalist or conservative hands yet. Kennedy is very unpredictable.
I do think this will be overruled by the appeals court and then SCOTUS will deny cert, but if the appellate court was to uphold the ruling and then the SCOTUS took the case at the request of the administration, I'm not at all sure how they'd rule.