There was no circuit split here and the status quo did not involve any pressing constitutional controversy or original jurisdiction, so it was unlikely they wou

There was no circuit split here and the status quo did not involve any pressing constitutional controversy or original jurisdiction, so it was unlikely they would grant cert (take the case). The law as it stood was protecting a right that may or may not exist, but the court is unlikely to weigh in on lower courts creating rights or interpretations of rights that enable individuals. Had the lower court's decision involved criminalizing hundreds of thousands of people's daily lives, that might create the sort of controversy the court would consider vital to resolve.