I remember some kind of decision that Kavanaugh made that essentially bumped it down to work through lower courts. I think I remember reading that it made sense that way and then would work its way back up, or something of that nature.
I do hope someone who knows more chimes in.
“I do hope someone who knows more chimes in.”*****************************Not certain but think I read here he decided on very narrow grounds but that it would resurface differently and he would then be able to decide correctly. Not sure I have that right. He’s no Scalia or Thomas I’m afraid.