You are missing the point. The only thing that they are afraid of is if congress breaks up the 9th circuit. This action was only announced after yesterday’s discussion of adding another circuit, which would slash their power. Always follow the money and power. I don’t think that that court gives a damn about the constitution and hate Trump.
I think there is a minority of reasonable, conservative, Constitutional judges on the 9th; I seem to remember a senior judge on the court named Reinhardt (sp?) who really is a commie asshat. 80% of the opinions of the court have been overturned by the USSC and in most of those Reinhardt wrote or co-authored the majority opinion. The problem is the 9th is just too darn big. It really does need to be broken up into at least two circuits.