https://www.techdirt.com/articles/20190926/13200443072/dc-circuit-hears-oral-argument-constitutional-challenge-fosta.shtml

It is impossible to read the tea leaves at an oral argument and come away with any dependable prediction of how the judges will rule. But at the oral argument last Friday at the DC Circuit it appeared that the judges at least understood what they needed to in order to rule in the plaintiffs' favor and revive their Constitutional challenge of FOSTA.

Which does not mean they necessarily agreed with the plaintiffs' argument for why the law is unconstitutional. But they don't have to right now. The only question before them was whether the plaintiffs have the standing needed to make that case.