The American Immigrant Investor Alliance (AIIA) filed an amicus brief (from a party not involved in the litigation) to support investors fighting delayed processing. AIIA makes four arguments: USCIS does not follow "first-in, first-out" processing as it has claimed; USCIS expedited hundreds of petitions with one project to the detriment of others; lack of resources is not a valid defense as USCIS charges fees required to fulfill its statutory duty; investors need information through court "discovery" as USCIS statements cannot be accepted as truth.
See the AIIA statement