[gdani]

While temporarily discouraging, the Supremes will reverse without pomp or ceremony, probably 8 to 1

See my post #77

It won't even be argued in the Supreme Court

[scalia_#1]

I thought about that, but I've found that the Ninth Circuit doesn't often temper its opinions en banc. They may rework the reasoning, however. If they do reverse en banc, I agree with you that the USSC will deny cert. If they affirm, even with modified reasoning, 4 Justices will grant cert. and will probably even agree to hear arguments. Then, they will slap the Ninth Circuit, as usual.