IIRC, the Fokker case was in the DC Circuit Court of Appeals.
If so, not much chance the DC Circuit Court of Appeals would reverse themselves so soon.
If the CADC decides to prolong Flynn's ordeal, it will do so in a way that preserves Fokker. No reversal needed. Make an exception, distinguish this case somehow. There is no such thing, really, as a rule of law that binds a court. Courts do what they will.