A court injunction in 2005 almost immediately blocked the law's implementation and after the Ninth Circuit Court of Appeals found the law to be unconstitutional in 2009 California appealed to the Supreme Court. The Supreme Court's decision definitively marks the law as unconstitutional.

In a statement made just hours after the court announced its ruling Yee said "Unfortunately, the majority of the Supreme Court once again put the interests of corporate America before the interests of our children. As a result of their decision, Wal-Mart and the video game industry will continue to make billions of dollars at the expense of our kids' mental health and the safety of our community."

The one thing both sides can agree on is that the future of this debate may be as much about public opinion as it is about court cases.

Simpson of Common Sense Media said that, regardless of this decision, the issue would continue. "One of the points we've raised about it has been much more about the marketing and the sales than about the content itself. We're continually concerned with the aggressive marketing around violent games...Parents are going to continue to want better ways to keep inappropriate stuff out of the hands of kids."