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 ruled that Robins' case could proceed. Judge Diarmuid O'Scannlain, along with the same judges who made the initial decision, now determined that Robins had suffered a concrete harm sufficient to establish an injury in fact under the Constitution.