Good luck getting a writ from the D.C. circuit.
They should take it straight to the Supreme Court.
DC Circuit would have to overturn their own precedent to not agree, at which point it definitely goes to SCOTUS.
And if denied it goes to the Supreme Court. AJ Ginsberg just wrote an opinion in a 9-0 case a week ago reversing the 9th circus for this behavior making exactly the same points.
Has this ruling even been appealed yet?