So not the right case to revisit the SCOTUS decision then.
That was my interpretation of what the article stated and there does appear to be a possibility take it up in the future. When you have Thomas, Gorsuch and Kagan all indicating a willingness to revisit the NY Times v. Sullivan standard there is hope. I would think with the way Kavanaugh was treated by the press he would be itching to go at it too. That's 4 right there.