To which Scalia should reply (beyond stating that 4 justices need to vote in favor of granting certiorari for the case to be heard- which is a fact widely known in the public domain) that it is something he cannot discuss. I’m surprised that a lawyer would ask him such a question in such a setting.
No kidding. Any lawyer who would ask a Justice to comment on a pending case has no business arguing before a small claims court, much less the Supreme Court.