Quote:
Originally Posted by UGAalum94
Really? You think the supreme court wouldn't take the case? I can see if they didn't file the petition, but honestly, they're going to pass on the case involving a high profile US armed forces policy? It's not that I doubt you, so much, just that what you're telling me is amazing in itself. I suppose I hadn't thought it about very critically, but it just seems like something that they'd almost have to handle.
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Of necessity, they take a very,
very small percentage of cases brought to them. By far, the most common reason for them to take a case is because of a split in the circuits -- some circuits ruling one way and others ruling differently -- so that resolution by the Supremes is called for. If there's not a split among the circuits (and it's not of
Bush v Gore magnitude), it's quite believable that they wouldn't take it -- they very well might wait until more circuits had tackled and developed the issue to see if either a concensus or a split was emerging. (This is commonly referred to as allowing the issue to "perculate.")