It would appear to me, from other readings on this, that our best bet for an outcome would be that cert not be granted, thereby leaving the problem in California.
Otherwise, with a risky balance of an 8-member Court, a negative (from our point of view) decision might (might) be binding on the whole friggin country.
Possible outcomes if cert granted, assuming equal or unknown probabilities:
A majority favoring 9th. ("Bad.")
A majority rejecting 9th. ("Good.")
A tie. ("Bad.")
I don't think I'd "draw to that hand."
That's what I'm picking up on the problem, but I ain't no lawyer neither nohow.
Hell, I'm not even a good poker player.
Terry