Ginsberg makes a great point about how it's unseemly that a state can copyright things and go after infringers and then turn around and infringe copyright whenever they want.
SCOTUS will rule as they will on this case but it's going to take congress to do something more broad-based that doesn't run up against prior SCOTUS rulings.
However there's not a lot of examples of this so congress is not likely to feel a lot of pressure to do anything about it.