On August 15, 2017, the Ninth Circuit again allowed Robins' lawsuit to proceed. Judge Diarmuid O'Scannlain, joined by the same judges as before, now found that Robins had alleged a sufficiently concrete harm to establish an injury in fact under the Constitution.
On August 15, 2017, the Ninth Circuit Court of Appeals allowed Robins' case to continue. Judge Diarmuid O'Scannlain, along with the same judges who previously ruled, now concluded that Robins had suffered a concrete harm sufficient to establish an injury in fact under the Constitution.