Kennedy actually penned the “frightening and high” lie in McKune v. Lyle. You’re thinking of Alito’s comment about the registry in Packingham, and he’s still there.
If appealed, I’m pretty sure it would be to the full 10th Circuit Court instead of SCOTUS, adding a few more years to litigation (correct me if I’m wrong). Would think the resources of the petitioners are a pretty big consideration in whether to appeal or not. Maybe a gofundme campaign would be in order?