I feel like I am missing your point: * If the lower courts agree and SCOTUS leaves them to it, they are defacto supporting what the lower courts agreed on no?

I feel like I am missing your point: * If the lower courts agree and SCOTUS leaves them to it, they are defacto supporting what the lower courts agreed on no? "We agree because we agree" and "We agree because we don't know but accept whatever you decided" are the same thing... * If the lower courts do NOT agree (like this case), then by declining the case SCOTUS is... agreeing that the same law means different things in different places with their jurisdiction. Which seems even bad for a whole other set of additional reasons. Still, here we are I guess. There are plenty of other issues that other parts of government refuse to address (and I would argue that there accept the default state of) so why not SCOTUS too...