The judge making a ruling on the case is Unconstitutional. Article 3 Section 2 of the Constitution states In all cases affecting Ambassadors, other public Ministers and consuls and those in which a state shall be party, the Supreme Court has original jurisdiction. In all other cases before mentioned the Supreme Court shall have appellate jurisdiction. This case can only be ruled on by SCOTUS because it involves at least one state. Original jurisdiction is not the same thing as exclusive jurisdiction, as I understand it from casual reading of various law blogs.
This post at the Volokh Conspiracy (UCLA prof law blog) addresses the point.
Don't know if I agree, but it is what it is, I guess.