Not a legal pede, but I think you could make the case that it's a good thing. Likely what they wanted and what they intended.
If the goal from the beginning was to get a SCOTUS ruling, then you'd want to present a case as thin as possible in the lower courts, and get it dismissed with prejudice.
Otherwise SCOTUS might tell them to first amend and try again in the lower court.
Not a legal pede, but I think you could make the case that it's a good thing. Likely what they wanted and what they intended.
If the goal from the beginning was to get a SCOTUS ruling, then you'd want to present a case as thin as possible in the lower courts, and get it dismissed with prejudice.
Otherwise SCOTUS might tell them to first amend and try again in the lower court.