That's not nutty. That's a practical understanding of how the Supreme Court works. Go back and look at the myriad of cases that were denied cert when the Vietnam War was challenged on it's Constitutionality. In several instances, dissenting Judges did offer comments - comments that were very sympathetic to the plaintiff's position.
Several of these kinds of cases have been denied certiorari the last year - all without comment. While it's not wholly conclusive, it is persuasive that there's not a single, sympathetic ear on the court regarding this matter.
Unless the justices are simply unsympathetic to compelling arguments.