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pending appeal.

That appeal was filed on August 25, four days after the district court ruled. Two days later, the court adopted an expedited briefing schedule agreed to by both sides: for the government, as appellant, the brief was due September 12, the brief for the appellee was due October 6, and the government's reply brief was due October 14. Oral argument was held on October 20 and the case is now awaiting a decision from the appeals court.

The district court judge in the case is an Obama appointee.
The three judges on the appeals panel are an Obama appointee and two GW Bush appointees. The transcript of the oral argument seems to me, at least, to suggest that all three judges were skeptical of the government's position.