Moot issue when the highest court in the land gives it a pass.
But they really haven't. They've denied motions for injunctions, for stays, and cert only for those cases that have not gone through the "proper" tack in lower courts.
Now that might not mean anything. Or it could mean they are dotting their i's and crossing their t's, making sure whatever they do in the future is completely legally defensibily.
We shall see. Stay tuned.