The comment I was replying to said this: > Also, more simply put, SCOTUS declining to review a case is a tacit (and somewhat weak) way for them to state, "the

The comment I was replying to said this: > Also, more simply put, SCOTUS declining to review a case is a tacit (and somewhat weak) way for them to state, "the lower court is probably right about this [...]" I was refuting that notion. It is 100% incorrect. SCOTUS passes up cases they think are wrongly decided all the time. They pass on cases with constitutional questions if the case itself is not suitable (according to whatever criteria they use). They pass on cases that meet all the bars because their calendar is already full with cases they think are more important, often trusting that the issue will present itself again in the future with different case. SCOTUS passing on a case is not any form of agreement with lower courts. Not strong agreement. Not weak agreement.