I carry fmj in a 380. I have for years. It gives adequate penetration. Many hollowpoints won't do that. Remember unless you're shooting at a naked target your hollowpoint is going to pick up material on its way in. Then it's going to.act like a fmj.
My guess is since SCOTUS already kicked it back to the 9th circuit, I would think that they would want the 9th circuit to make the decision so they don't have to. This way they avoid any continued hassles about 'liberalizing' gun freedoms. If the 9th circuit makes the decision it sends a strong signal to other circuit courts. I don't know how Illinois could keep up their semi-auto nonsense if the 9th does what's right.