In the US model of justice, the judge decides questions of law, and the jury decides questions of fact. This order appears to delegate a law question (“is it constitutional?”) to a jury during the trial. If the jury finds the defendant innocent, then double jeopardy prevents any appeal which would change that verdict. Nobody, once declared innocent, can be put on criminal trial again for the same incident.
Starship, as it is right now, is already a better rocket than SLS. It can already carry more mass and be cheaper (even fully expended) than the SLS’s 4 billion cost per launch.
It will get better. Falcon 9 didn’t land the first time either, but now it has successfully landed more consecutive times than any other rocket has flown.
There’s nothing wrong with saying this is a test. This is only a test, and we don’t expect it to be perfect yet. Each time they learn from the data. And SpaceX hasn’t repeated the same mistake twice.