The National Education Association, the nation’s largest teachers’ union, is not a stranger to tying up the courts with lawsuits that have stronger political than legal merits (for instance their unsuccessful pivot to states’ rights advocacy in an effort get No Child Left Behind struck down). But it’s a mistake to dismiss the new lawsuit in Florida over teacher evaluations out of hand based on that history (and other suits waiting in the wings). It could have political and legal consequence. As I noted in a 2010 TIME column litigation has always been a possibility here. And as we noted at Bellwether in “The Hangover“ this is a complicated area of policy with a lot of outstanding questions.