I thought we were at the step where the case is now fully briefed? Isn't the next step oral arguments at the district court level? Then a District court ruling. Then appeal to 9CA, and so forth. Although if someone files for an Emergency TRO, I'm not sure if that goes to 9CA or to the SCOTUS Justice that oversees 9CA (Kennedy).
The hearing at the district court level will be before a magistrate judge (because of the way that the issue arose in connection with a search warrant). Magistrate judges' orders can also be appealed to the district judge assigned to the case, which happens before an appeal to the court of appeals.
