Time to Throw in the Towel at Defense, Too?

Suppose you're at the Defense Department and you're looking at the news that Homeland Security has thrown in the towel by deciding not to ask the Supreme Court to overturn lower courts' rulings against the labor relations portion of its new personnel system. Isn't this when you start thinking it's about time to give up on your own appeal of a judge's ruling against your personnel system? After all, the cases are similar in key respects. What, exactly, is the point in continuing to drag out the fight and further delay the seemingly inevitable process of sitting down with employee representatives to craft a new system that will pass legal muster?