I’m guessing the court’s reason is the Nasdaq is private and listing is voluntary.
But the rule requires abrogating the company’s fiduciary responsibility - under law - to stockholders. That’s my sticking point.
If it's not in the Constitution; isn't this a "States Rights" issue?
"The Tenth Amendment (Amendment X) to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It expresses the principle of federalism, also known as states' rights, by stating that the federal government has only those powers delegated to it by the Constitution..."