They would have just not heard the case if they wanted to punt.
I’m not sure whether the Court has to hear the case; just because it’s on the docket doesn’t mean anything. We have a big problem in this country if it doesn’t.
But, if it doesn’t “punt” by not hearing the case, it will “punt” by throwing it back to some other body to decide. Seems the Court much prefers softball social issues over governing issues and matters of tyranny.