[PapaBear3625]

Why the SC refused to take up this case - leaving it to Thomas to offer his (non-binding?) opinion is disturbing.

The SC needs four justices to vote to take the case. My guess is that the anti-seizure justices felt they weren't going to get a fifth vote, and didn't want to have a SC decision upholding seizure. They may revisit the issue if Kennedy or Ginsberg goes and is replaced by a constitutional originalist.

[jonno]

The SC needs four justices to vote to take the case. My guess is that the anti-seizure justices felt they weren't going to get a fifth vote, and didn't want to have a SC decision upholding seizure. They may revisit the issue if Kennedy or Ginsberg goes and is replaced by a constitutional originalist.

That makes sense - thanks for the info.