It is extremely unlikely the Supreme Court would accept an appeal case from a 17 judge en banc panel. Supreme Court receives 8000 requests per year and they hear about 50 of these. They also receive a 3 month summer vacation with pay. I should become one of those judge dudes. All rise for the Honorable WhaleBalls.
If en banc ruling is adverse to govt. NWS would be stopped. Govt could not sweep until favorable SCOTUS direction, which would be a long time.