Assuming you are referring to the cases before the Court of Appeals, the claims and corresponding arguments of either party will be adjudicated by the panel of judges. The parties will abide by or appeal those formal decisions.
Estimating or predicting what the panel of judges will do with each claim in these cases is not a simple matter. It is not cut and dry. The decision and opinion made will ramify throughout the judiciary and legal trial system for civil cases against the US Government and its agencies.
The Court of Appeals usually makes decisions that are final and unappealable. Whatever is decided, the panel will have thoroughly justified its decision with an opinion based on what was presented by the parties and the applicable laws. Naturally, they will try to make their decision irrevocable.
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