It is too early to tell. On November 9, 2012. the Attorney General asked the 9th Circuit to stay making the decision final (issuing the mandate) because he intends to appeal the case to the Supreme Court. On November 16, 2012, the Ninth Circuit stayed issuing the mandate. It thus seems likely the government will ask the Supreme Court to review the case. If the Supreme COurt accepts the case, which is likely, we will need to wait for a Supreme Court decision before we knwo what the law is.