You have it exactly backwards. There is a growing consensus among the courts that the states have the right to enforce this, and have since the CFTC was created.
It will go to SCOTUS due to the circuit court split.
It will go to SCOTUS due to the circuit court split.
I highly doubt it, they declined the case so the circuit split will live on for now and most likely be resolved by the legislature via one of the many bills making their way through congress. They could always take it up later but they're not so subtlety signaling that congress needs to make their intent clear on this one.