The full appeals court’s refusal to hear the case is a setback for the unions but there had been a general expectation from the outset that the case ultimately would end up before the high court in any event. The court turns down the large majority of appeals presented to it. It only takes four justices to agree to consider a case, though, and the rulings to date indicate a significant disagreement among judges over NSPS—in effect, two federal judges have sided with the unions and two with the administration. On the other hand, the appeals court’s decision provided some potentially potent arguments for not taking the case: it said that the adverse action and appeals rights provisions are not yet ripe for judicial review since no one has been disciplined under them yet, and stressed that the restrictions on unions’ rights will expire in November 2009 unless renewed by Congress before then.