Thank you. I am not sure I understand what your question is asking. From what I understand, this matter was not heard by the high court. The petition to hear the case before the full court was denied thus leaving the lower appellate ruling stand. That would be Justice Elena Kagan that reviews emergency petitions for the 9th Circuit Court of Appeals. That may simply be a failing in the petition itself to make the matter hearable by the full court. Basically the high court refused to hear the matter on its merits. That was the risk of the petition for review coming out of the 9th Circuit Court for SCOTUS. It has to make it past the 9th Circuit gatekeeper which is Kagan. Although the case out of Calif was important, the matter may have to originate from another similar lawsuit coming out of a different Circuit Court to get to the full court. Say from the 11th Circuit Court which would be Justice Thomas' jurisdiction. That is just how the system works. However, the 9th Circuit Court's history has probably one of the highest number of reversals of any US Appellate Court in the country. If at first you don't succeed, try again - just through a different court.