Judge still determines if the GOV motion to dismiss on the basis of the non judicial review is granted
I asked Navy if he knew how Steele hopes to get around this barrier that has stopped all cases other then Sweeny (which is in discovery - to see if GOV motion to dismiss should be granted)
Hard to know what Steele will do to get around this judicial bar as its a State issue but in a Federal Court where I believe the HERA judicial bar fully applies
Unlikely - unfortunately - that the judge will judge green light to proceed (unless Steele has a magic way around HERA)