They could have left it in limbo, but that would have been a relist which isn’t what happened here.
They could have sent it back to the lower court, but they do that by granting cert, then after oral argument releasing an opinion explaining what the lower court got wrong and directing the lower court to act in accordance with the opinion.
They could have left it in limbo, but that would have been a relist which isn’t what happened here.
They could have sent it back to the lower court, but they do that by granting cert, then after oral argument releasing an opinion explaining what the lower court got wrong and directing the lower court to act in accordance with the opinion.
What they did, in the Jan 9 order (https://www.supremecourt.gov/orders/courtorders/010923zor_p860.pdf) is deny cert. That kills the case dead forever.