Obama will appeal it and then make sure a leftist progressive judge hears the case.
Hate to be a party pooper, but under the Seperation of Powers Clause, Obama has no control over the assignment of Judges, which in the Fifth Circuit, will come from Mississipi, Louisiana, and Texas. The litigants will not even know which three judges will be assigned to the panel to hear the appeal until a few days before oral argument, and indeed, the chief clerk who assigns the panel of judges will not even know who will hear the appeal until the case is fully briefed and ready for oral argument.