Well yes, there is now a circuit split but the 4th circuit one is unlikely to change position whereas there's likely to be an en banc review in the DC circuit. That, in my view, will likely lead to a reversal and no split. Stay tuned.
And this is precisely why Obama's nominees were not getting approved for the DC circuit
Because politics? Because a sitting US President should not be accorded the privilege of appointing the positions that a US President has the right to appoint if you don't agree with him?