If the Supreme Court agreed, this would mean the the Enumerations Clause issue, which was not reached in the NY case but was decided in the CA case, would be decided in the NY case only. That would mean no new set of briefing on the issue in the CA case. (Presumably parties in the CA case could file amicus briefs on the issue in the NY case.) In the alternative, DOJ wants the case set for a hearing. What it doesn’t want is for the case to go to the Ninth Circuit.