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When the Ninth Circuit cases are in...the Supreme Court will have decided all of these juicy issues so that court doesn't have to. It has been eight months since oral argument--and the Ninth, being the busiest circuit, is notoriously slow. I would b surprised to see a decision this year unless SCOTUS grants review in Woollard. If that happens, the Ninth will be encouraged to issue an opinion so that its voice is heard in the Supreme Court debates. Without that impetus, the court will ba--and is apparently--reluctant to wade into these waters, especially when it sees a sea change in the wind. Shall issue will massively impact the law in the State of California and Hawaii, and I have a feeling they don't want to be the ones that impose it; the howls of indignation from all corners of the left political spectrum will be deafening.
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