The dispute has bubbled up through the litigation system in the intervening months, and today, the U.S. Supreme Court agreed to hear argument on it during the Term set to begin in October 2008.
In Winter (Navy Secretary), et al., v. Natural Resources Defense Council, et al. (No. (07-1239), the Court will review the 2008 judgment
in which the U.S. Court of Appeals for the Ninth Circuit unanimously affirmed the trial court's issuance of a preliminary injunction barring such testing.



