Don’t read too much into this. The Supreme Court didn’t really “shoot it down.” It just decided not to hear it. That means there was really not decided on the merits. There’s a difference. Most cases that go to the Supreme Court don’t get heard, i.e., the court decides not to grant the writ of certiorari.

That’s not to say this was not a nutty lawsuit.

There are a lot of criteria that the court might apply in deciding whether a case is “cert worthy.” For example, if there’s a split among the circuits on the same issue of law, the Court will often grant cert to clear up the split. Sometimes, however, it will wait until all circuits address the issue. That could take a very long time.

Of course the Justices can also decline to grant the cert petition if the case is nutty, frivolous, not worth their time, or enough justices seem to believe there is no reason to reconsider a proper decision by the circuit court below. As I recall, it takes four justices to grant cert. The court grants very few cert petitions, perhaps much less than a hundred out of perhaps six or seven thousand petitions filed each year.

The best argument against the nutty suit is the 9th Circuit decision, which actually addressed it on the merits.