Post #36054 by albaby1 on the US Policy board

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It's highly unlikely that they wouldn't given its status as one of the hot button issues of the day.

No, it's pretty likely. After all, one of the Court's favorite pastimes is to decline to rule on "hot button issues of the day" when they can dispose of those things on arcane minutia like standing or ripeness - and they deny cert (refuse to hear the case) on "hot button issues" all the time.

They almost never hear a case if a majority agrees with the lower court's decision, even if it deals with a controversial issue, except to resolve a split in the circuits. If there's no split, there's no reason for the SCOTUS to weigh in - they can just deny cert. There's nothing going on they disagree with, so they let it stand - there's no incorrect application of law that needs to be resolved via the Judicial power.

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