twp of the judges hearing the case are out and out liberals.
This is just round one in appeal process. First, a 3 Judge panel hearing, then the loser asks for a full 9 judge Court review. Then, on to SCOTUS. If there are still just 8 Justices by the time it gets to SCOTUS, and the vote is 4/4, then the last appellate Court decision stands. A crapshoot.