I'd guess that at least one of the panel members thought strict scrutiny applies. Otherwise I think they would have ruled both that intermediate scrutiny applies, and that even if it doesn't the law passes strict scrutiny.
>There are reasonable bases to conclude that intermediate scrutiny is appropriate even under these circumstances. We need not, however, definitively decide that question because we conclude the Act “passes muster even under the more demanding standard.”
It's possible that either Judge Ginsburg or Judge Rao think the strict scrutiny should apply, but if forced to put money on it I would say they both land on intermediate scrutiny.
Not to say that you couldn't be right, them both landing on intermediate scrutiny is just not how I read the tea leaves.