When I say the state, I mean the government – force of habit.

OF course it wouldn’t bypass the 9th circuit court. But from what I’ve seen, circuit courts overruling district courts isn’t very common, though it probably happens more in SORNA cases than anything else. On the other hand, the 9th has ruled against the government more than any other circuit, as far as I can tell.

Appeals to the 9th circuit are certain, regardless of the outcome in the district court. Should ACSOL and the PLF prevail there, appeal to SCOTUS is all but certain and has a much better chance of being heard there. But if they don’t, I presume (and hope I’m wrong) that the issue will die there; I don’t know that Janice, et al have the resources to take the case to SCOTUS, and the odds of the case being heard are consiferably less.

To me, the worst thing that could happen is the DOJ removing two commas and a period from their rules and claim it was modified to make it constitutional enough to bypass any favorable ruling to us and having to start the whole thing all over again.

What do you mean? Which state? The suit is against the United States Department of Justice. And what do you mean by you hope it gets appealed to SCOTUS? How would it bypass the 9th Circuit?

You can read the complaint here: https://floridaactioncommittee.org/wp-content/uploads/2022/09/PLF-Complaint-5_22-cv-00855-ACSOL-v-Garland.pdf

A federal district court in California.