It appears that they did. I was looking something else up this morning and came across this, which I'm sure I've read before but didn't realize. Article 3 Section 2 of the COTUS In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. So, it would appear that the lower courts have no jurisdiction here and the case should have went immediately to the SCOTUS.