The Supreme Court is not required to hear most cases that come up on appeal. A petition for a writ of certoriari is filed which is a request to the Court to take the case under consideration. There are standards for what cases the “Court will take — i.e., constitutional question, conflicting lower court decisions, etc. But in all cases, it is discretionary with the Court as to whether to grant a writ of certoriari. Had the Court granted it, the parties would proceed to the merits by filing briefs, holding an oral argument. The Supreme Court DOES NOT take evidence, it only looks at the record from the lower court.”
So the case is DOA? Or are their other possibilities?
This particular one is DOA unless he goes back through the process with a better case.
This particular case is DOA but there are other cases working their way up. My guess is the Court will hear none of them. If it wanted to consider them, it probably would have accepted this case and then consolidated the later cases into this case and to decide them all at once.