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I thought everything could be appealed. How can this not be?
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.
Not everything can be appealed. Especially if something is dismissed with prejudice, that's basically calling it officially dead.
When a trial involving a jury has resulted in a judgement of innocence it can't be appealed under pretty much any circumstances at all. The only way to appeal from the prosecution when they didn't win is if it's a hung trial / mistrial or equivalent error and there wasn't a ruling of innocence.
(under US law, plenty of other countries have some ability to appeal if they believe there was some serious error or new evidence has been found)