[kevkrom]

They have certainly been asked to decide it, but they can rule that the issue isn't yet ripe.

They've got conflicting lower court rulings piling up left and right. I don't think they can punt on this one.

[Cboldt]

-- They've got conflicting lower court rulings piling up left and right. I don't think they can punt on this one. --

Conflicting orders is nothing more than a force that augurs in favor of SCOTUS hearing the case and setting a rule. They can punt very well, have been doing it for years.