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stonepony 3 points ago +3 / -0

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.