Yep, 4 justices to issue cert.

With the current SCOTUS numbering 8, I think a 4-4 split is the BEST case that #45 could possibly hope for. Not a chance that Justices Ginsburg, Sotomayor, Breyer, or Kegan would decide to uphold the decision.

Kennedy has long been the wild card, and this is just the kind of federal overreach type of case he's famous for crossing over on.

Justice Roberts has at least a fair chance of crossing over and deciding in our favor. He's been fairly good about maintaining the decisions of the lower courts.

Alito and Thomas have a tendency to align their decisions with conservative causes, but in this case, especially with #45's criticism of the court, it's actually possible that the SCOTUS to give a unanimous decision to uphold the lower court decision..

Damn that would be a SWEEEEEEEEET result.