Someone would have to appeal the circuit ruling.
CA *might* appeal the ruling if they lost, but if they think they'll lose again at SCOTUS they might just decide not to risk it.
If CA doesn't appeal it, then nobody else can. You can't appeal a case you won, and I think the NY cases were too long ago or were already denied cert.
The best case for us might actually be to lose in the 9th circus and then we can appeal to SCOTUS for sure. Possibly with another Trump appointee in place of RBG.
Denied cert and NY never appealed the 2nds decision on 10 rounds