But this is the 9th Circus Court of Appeals. The fact that the 3-judge panel didn’t shoot it down might have been Trump’s doing.
He certainly helped with 10 appointments to that court, including the two judges in the majority in this case. The dissenter was actually a district judge from New York sitting by assignment. (As it happens, the dissenter in the magazine capacity was also a district judge from outside the 9th circuit sitting by assignment.)
The 9th Circuit is still majority Democrat appointees (16-13, I believe) but less so than before Trump. Biden has had 5 appointments, but those all replaced Clinton appointees who took senior status.
This will almost certainly be reviewed en banc. Unlike the other circuits, the entire court does not normally hear en banc cases because there are too many judges. Instead, it is a randomly-drawn 11-judge super panel that always includes the Chief Judge (an Obama appointee). So there is some chance of a majority-Republican-appointed en banc panel.