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Though to be fair, I remember some of the same language in the SAFE act judicial action.. that some challenges were above that level of court, and had to be decided at a higher level or some such because of a precedent already set.
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I can't deny this is a possibility, though I find it unlikely - first, based on the unusualness (if that be a word) of this case and legal argument, there probably aren't applicable precedents controlling it, but also based on the flippancy and, frankly, unprofessional language of the judge's order. It certainly smells like that punting analogy you used.