The Supreme Court’s decision means that the Ninth Circuit decision stands, and remains precedent in the Ninth Circuit. But a denial of certiorari is not a judgment on the merits of the question. It is the Court’s “well-settled view that denial of certiorari imparts no implication or inference concerning the Court’s view of the merits”; the Court may refuse to hear a case simply because the case doesn’t seem important enough to the Justices, because it has procedural features that keep it from being a useful vehicle for considering the matter, or for many other reasons. I hope that the Supreme Court revisits the question in some future case.
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