SCOTUS will not look at the issue because it is too confusing? Hardly.
The court is avoiding this because they don’t want to be the ones that make the call. It’s like an umpire calling someone safe at the plate, for fear of the actions of half the fans in attendance.
Unfortunately, what these umpires don’t realize is this: without someone to make the call and keep everyone playing by the same rules, ultimately the baseball game will disintegrate into anarchy, beatings and death.
Ok, i’ll quit with the baseball metaphor ;)
The soccer metaphor actually makes your point...