On September 6 the New Jersey Supreme Court declined to accept the lawsuit In re Tom Malinowski, 088473. This is the lawsuit filed in 2022 in New Jersey state court, arguing that the ban on fusion violates the New Jersey Constitution. There has never been a decision in this case, in any court. It will now proceed in the State Appellate court. The plaintiffs had thought that perhaps the State Supreme Court would like to hear this case even before it has had a decision in any lower court.