Not surprising. Intuitively the case only makes so much sense and seems to leave open the door to lots of needless suits (consider how often people categorize their political opponents as traitors and then imagine those people filing a "Brunson" for each instance).

I think the case exists as an improbable white hat backstop plan. SC can hear the case at any time and cause lots of issues for black hats. Right now it's just getting legally shuffled around for as long as possible.