Ellison's desire to use a Qur'an at the ceremonial reenactment of his oath, while symbolically important, was never a judicial issue. The swearing-in was en masse and involved no texts whatsoever.
Ellison's desire to use a Qur'an in the symbolic reenactment of his oath, although meaningful, was not a matter of law. The group swearing-in was collective and text-free.