SpaceX's lawsuit claiming a US labour board's structure is unconstitutional, after a judge in Texas granted the agency's request to send it to California.
A panel of the New Orleans-based 5th US Circuit Court of Appeals in a brief order said the Los Angeles federal court should not have processed the transfer last week, days after the appeals court paused it pending an appeal by SpaceX.
But the 5th Circuit, which covers Texas, Louisiana and Mississippi, has no power over the California court, so it ordered US District Judge Rolando Olvera in Brownsville, Texas, who had transferred the case, to request that it be sent back to his court.
The fracas involves a technical issue but could have a major impact on SpaceX's case, as federal courts in Texas are generally seen as having more conservative judges who are more likely to be open to attempts to limit the powers of the federal government.
The 5th Circuit is seen by many as the most conservative U.S. appeals court while the 9th Circuit, which covers California, has the reputation of being among the most liberal.
SpaceX and the National Labor Relations Board did not immediately respond to requests for comment.
SpaceX filed the lawsuit one day after the labor board last month accused the company in an