There was only one case in the 5th Circuit and only one case in the DC Circuit concluding an individual right. The 9th Circuit alone has a gazillion cases concluding a collective right.
The bottom line? We're not yet ready to have this heard by the USSC.
I understand that Ruth Bader Ginsberg is with Silberman on this ruling's logic--wouldn't that mean the we would have a slam-dunk at the SCOTUS?