Commentary on the 4th Circuit’s ruling:
If the Fourth Circuit doesn’t reverse this en banc, it seems very likely that the Supreme Court will agree to hear the case (given the disagreement between the Fourth Circuit and the Fifth Circuit on this question, and given that the Fourth Circuit panel has struck down a federal statute), assuming the federal government asks for Supreme Court review. If the Fourth Circuit does reverse this en banc, the Court may still hear the case (but would be much less likely to, if the Fourth and Fifth Circuits end up on the same side, upholding the federal statute).