“So the other three judges are way dumber than Kav and Traitor Roberts?”
No, it is just that, IMHO, a lot of this kind of thing goes on. Remember, many times if the USSC rules on an issue, that is pretty much IT for decades or longer. Even the Justices have to pick and choose carefully. I believe that Kavanaugh is on the anti-abortion side, but just thought better of letting this particular case go forward. There could be a dozen reasons why - and neither of us would necessarily have the slightest idea why. This is, IMHO, just like politics - equally smart people can disagree, and it means nothing other than that they are approaching the issue from 2 different perspectives.
The USSC seems pretty lazy in these days of ever increasing litigation against the Federal Government bureaucracy and Trump EOs.
The need to double their output or get the lesser courts to halve their’s.