The letter is full of crap, at least the part you mention.
Once Peruta is in force (IF...), the letter will still be crap, as the law won't have changed and the entity forcing him to change his policy will be the 9th Circuit, not the state.
They're asking Gore questions because they need to determine if the case is moot. They need to determine if the case is moot because a document filed with the court suggested it was. This is important to the court because if the case is moot, they can stop spending time on the case, and move on.
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