I saw an interview with Justice Thomas and he mentioned that the court kept finding excuses to avoid hearing and deciding this issue.
Maybe this is the one.....
Similar cases have made it this far before and no further. Maybe Justice Thomas is a yes vote, maybe not. Regardless it takes four to hear it.
Can you please give us more details about this interview? I’m starting to think this is an old wives’ tale.
Justice Thomas said “We’re (SCOTUS) evading that one.”
Avoid, evade, or elude?
All three words involve keeping away from a person or thing or keeping a person or thing away from you. The main difference between avoid and evade is that avoid is neutral in tone, whereas evade implies dishonesty or deception, or at least some sort of ulterior motive. If you avoid a responsibility, you take measures to prevent it from being necessary, whereas if you evade a responsibility you get out of it in an underhanded or deceitful way.”
http://www.theobamafile.com/_eligibility/EvadingTheIssue.htm