Yeah, good point.  They would have to have grounds for appeal. In October Trump got to appoint 3 conservative judges to the 9th so it's no longer completely stacked with sick judges. https://www.youtube.com/watch?v=Oo91HIU661A  One to Idaho Falls another to Honolulu and where else?  With both Portland and Sacramento about 3 hours away I am not sure who would hear the appeal. There are 6-7 more openings on the 9th this year and next (out of 27 total seats).  Now that the Senate in in Republican hands Trump will replace all 7 with more conservative choices. By the time this case makes it to appeals it could be that there is a more reasonable judge seated. And perhaps more judges will be forced to resign/removed with all the investigations in  play.