The 9th? What?
Washington said he would ask the full appellate court to review the case since this decision was issued by a three-judge panel.
This ruling was decided by only 3 justices of the 9th Circus, and only 2 of them had to be normal, thinking human beings for a sane 2 - 1 ruling. The odds are a little long that this case landed in the lap of perhaps the only 2 normal, thinking human beings to climb out of that 9th Circus clown car, but certainly not impossible.
Let's see how the full bench rules.