Elon Musk’s company is arguing in a Texas federal court that the Justice Department’s lawsuit alleging that the company is illegally disqualifying asylees and refugees from employment is unconstitutional.

Bloomberg noted in a report last week that the company is engaged in “a handful of lawsuits by former employees” over discrimination.

The company’s Texas filing may be to ensure the case funnels through the Fifth Circuit appellate court on appeal since that court tends to push back on federal regulatory action lately, writes Space News.