Today the Supreme Court issued its decision on this case. Turns out that Lithwick's prediction that the plaintiff and thousands like her would lose their day in court was a wee bit off. In a 6-3 decision the Court reversed the lower courts and held this case should go forward. The decision was authored by Justice Alito. So much for the theory that the justices only rule in accord with the political party, or president, that appointed them.

Extremely excellent point, gill0270.