Before the case could go to discovery, CEI and "National Review" filed a court motion to dismiss it under anti-SLAPP legislation, with the claim that they had merely been using exaggerated language which was acceptable against a public figure. In July 2013, the judge ruled against this motion, and when the defendants took this to appeal a new judge also denied their motion to dismiss, in January 2014. "National Review" changed its lawyers, and Steyn decided to represent himself in court. Journalist Seth Shulman, at the Union of Concerned Scientists, welcomed the judge's statement that accusations of fraud "go to the heart of scientific integrity. They can be proven true or false. If false, they are defamatory. If made with actual malice, they are actionable."