So. The 9th Circus rules against Trump. The case goes before Kennedy, who kicks it up to the SCotUS. The Supreme Court is currently divided 4/4. There’s a 4/4 decision on the case (a tie), which means the 9th Circuit decision stands.
I think Trump moved too quickly on the freeze. He should have waited until he had his SCt nominee confirmed so as to avoid creating binding, negative, precedent.
So if President Trump had his pick in place on the court, Kennedy becomes the swing vote. Kennedy should rule in favor of President Trump now if the 9th Circus goes against him, as we all expect.