Nordyke is going En Banc, meaning it will be heard by the entire circuit. This usually indicates that the consensus of the circuit is that the decision was wrong, and it likely means Nordyke will be overturned. This would remove the circuit split, but as Eugene Volokh points out, having two third of state Attorneys Generals speaks loudly, and the other circuit decisions are inconsistent with the Court’s modern incorporation doctrine. So we might still be going to the Supreme Court with incorporation, but this isn’t a welcome development by any means.
But hey, the 9th is the most reversed appeals court of all the federal circuits. Maybe this puts us in a better position if the Supreme Court does take up the issue.