But the thing is, as the article notes, there are only two options left: the full CoA and SCOTUS. But since the original panel were basically in agreement over the base issue of authority, both attempts to appeal are likely to be returned with "Refusal to Hear," which basically shuts the door. And as noted, Congress can't be expected to act on this because they're going into Campaign Mode, and any new Congress is likely to be as deadlocked as the last one, meaning No Such Luck.