[i]”Geez! People are going nuts over a decision to HEAR A CASE! Imagine what will happen where there’s an ACTUAL DECISION IN THE CASE!!”[/i]
Anytime the SCOTUS agrees to hear a case, it gives more than just and impression that the arguments on both sides are somehow legitimate. It suggests that there is [i]merit[/i] to both as well.
In this case, nothing merits taking away the individual’s right to defend themselves.
Also, since the DC Circuit ruling has been stayed pending the Supreme Court's decision on whether to hear the case, there is no "Nirvana" on the ground in DC that the Supremes have upset.
No matter how strongly you believe that the right answer to some legal question is so clear that no one could think otherwise, people are obeying the court rulings in their own areas, by and large, until the Supreme Court rules. Leaving things in limbo is not a good option -- especially for those living in the 9th Circuit.